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HomeMy WebLinkAboutOrdinance 10133 ORDINANCE NO. ~G~~~~~~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, APPROVING RESOLUTION NO. 88-111, ADOPTED BY THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD ON MAY 3, 1988, RECODIFYING THE CODE OF RULES AND REGULATIONS OF THE llALLAS/FORT WORTH INTERNATIONAL AIRPORT; PROHIBIT- ING OR OTHERWISE REGULATING CERTAIN PERSONAL CONDUCT RELATING TO RESTRICTED RRERS, ANIMALS, FUND SOLICITATION AND DISTRIBUTION, LITTER, OBSTRUCTION TO AVIGATION, DEMON- STRATIONS, CAMPING, SWIMMING OR PICNICKING, NOISE, TABLES, CHAIRS AND OTHER SUCH OBSTRUCTIONS, FRAUDULENT MISREPRE- " SENTATION, UNAUTHORIZED USE AND TRANSFER OF AUTHORIZATION, AND TEb1PORARY OR PERMANENT RESIDENCE; REGULATING TAXIS, BUSES, LIMOUSINES, AND COURTESY VEHICLES OPERATING ON AIRPORT PROPERTY, PROVIDING OPERATIONAL STANDARDS AND PRO- CEDURES FOR OPERATING AUTHORITY; REGULATING INTRODUCTION OF POLLUTANTS; REGULATING CONTRACT FUNDING; REGULATING CERTAIN COMMERCIAL ACTIVITIES RELATING 'PO SOLICITATION, SIGNS, ADVERTISEMENTS AND COMMERCIAL PHOTOGRAPHY AND NEWSRACK DISTRIBUTION OF LITERATURE; ESTABLISHING CERTAIN PROCEDURES FOR THE ADOPTION OF ADDITIONAL RULES, REGULA- TIONS AND ORDERS, AND THE ISSUANCE OF CITATIONS; PROVIDING FOR A FINE OF NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR ANY VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICA- TION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 8.F. of the 1968 Contract and Agreement, as amended, between the City of Dallas, Texas and the City of Fort Worth, Texas, provides that the Dallas/Fort Worth International Airport Board shall have the power, by a duly adopted order, to adopt and enforce rules and regulations for the orderly, safe, efficient, and sanitary operation of the airport and to prescribe reasonable penalties for the breach of any' rule or regulation not to exceed a Two Hundred Dollars ($200.00) fine; and WHEREAS, Article 46d-14, Revised Ci~~il Statutes of Texas, and Section B.F. of the 1968 Contract and Agreement, as amended, provide that such orders by the Dallas/Fort Worth International Airport Board shall become effective only upon approval of the governing bodies of the Cities of Dallas and Fort Worth and proper publica- tion; and WHEREAS, pursuant to the foregoing, the Dallas/Fort Worth International Airport Board, on May 3, 1988, passed, approved, and ordered Resolution No. 88-111, adopting the 1988 Revised Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board, which regulates traffic, travel, and conduct within the Dallas/Fort Worth International Airport and establishes certain procedures for the adoption of additional rules, regulations and orders; and WHEREAS, the Dallas/Fort Worth International Airport Board has requested that the City Councils of the Cities of Dallas and Fort Worth approve its Resolution No. 88-111 in order that the 1988 Revised Code of Rules and Regulations may become effective as pro- vided by law; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That all of the declarations of findings contained in the preambles of this ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter of this ordinance. -2- SECTION 2. That Resolution No. 88-111 of the Dallas/Fort Worth Inter- national Airport Board, a duly certified copy of which is attached hereto as Exhibit "A" and made a part of this ordinance by refer- ence, is hereby approved, adopting the 1988 Revised Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board. SECTION 3. That after publication of a substantive statement relating to the contents of Resolution No. 88-111 of the Dallas/Fort Worth International Airport Board in a newspaper of general circulation in each of the counties of Dallas and Tarrant, stating that a breach of any provision of Resolution No. 88-111 will subject the violator to a penalty, and stating that the full text of Resolution No. 88-111 and any attachments to it are on file in the principal office of the Airport Board to be read by any interested party, Resolution No. 88-111 shall thereafter have the same force and effect within the boundaries of the Dallas/Fort Worth International Airport as an ordinance by the City Council of the City of Fort Worth would have in the City of Fort Worth, and the penalty shall be enforced in the same manner in which penalties prescribed by other ordinances of the City of Fort Worth are enforced. SECTION 4. That the sections, paragraphs, sentences, clauses, and phrases of this ordinance and Resolution No. 88-111 are severable, and if -3 - .- :: ,. . any phrase, clause, sentence, paragraph, or section shall be de- clared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, the unconstitutionality or invalidity shall not effect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance or Resolution No. 88-lil, since the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance or Resolution No. 88-111 shall be fined not more than Two Hundred Dollars ($200) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of any other ordinances affecting the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and crim- final, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. -4- ~, SECTION 7. That the City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two days in the official newspaper of the City of Fort Worth, Texas, as authorized by Texas Local Government Code, Section 52.013. SECTION 8. That the City Secretary of the City of Fort Worth, Texas, is hereby directed to engross and enroll this ordinance by copying the caption, penalty clause and effective date in the minutes of the City Council and by filing this ordinance in the ordinance records of said City. SECTION 9. That this ordinance shall take effect immediately from and after its passage and publication as required by law, in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so ordained. A ROVED AS TO FORM D GALITY: City Attorney Date : ~ "` a-- ~ . g ADOPTED: EFFECTIV °5- ~. .,. STATE OF TEXAS ~ COUNTY OF DALLAS ~ COUNTY OF TARRANT I, Debbie Singleton, Administrative Secretary to the Dallas-Fort Worth International Airport Board, do hereby certify that the attached is a true and correct Resolution No. 88-111 approving the recodified 1988 Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, adopted May 3, 1988. WITNESS MY HAND AND SEAL OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD, this the 19th day of May, 1988. ~ ahJ Administrative Secretary Dallas-Fort Worth International Airport Board ~; ZAIRPORT SEAL) -~ U~te:_ -~ May 19, i 988 +'r .. e RESOLUTION NO. 88-111 A resolution by the Dallas-Fort Worth International Airport Board recodifying and amending portions of The Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, and thereby defining certain terms; regulating traffic and travel within the Dallas-Fort Worth International Airport; prohibiting or otherwise regulating certain personal conduct relating to restricted areas, animals, fund solicitation and distribution, litter, obstruction to avogation, demonstrations, camping, swimming or picnicking, noise, tables, chairs and other such obstructions, fraudulent misrepresentation, unauthorized use and transfer of authorization, and temporary or permanent residence; regulating taxis, buses, limousines, and courtesy vehicles operating on Airport property, providing operational standards and procedures for operating authority; regulating introduction of pollutants; regulating contract funding; regulating certain commercial activities relating to solicitation, signs, advertisements and commercial photography and newsrack distribution of literature; establishing certain procedures for the adoption of additional rules, regulations and orders, and the issuance of citations; providing for a fine of not to exceed Two Hundred Dollars ($200.00) for any violation thereof; providing a severability clause; and providing an effective date. WHEREAS, Articles 46d-7 and 46d-14, Revised Civil Statutes of Texas, and Paragraph 8.F of the Contract and Agreement Between the City of Dallas, Texas, and the City of Fort Worth, Texas, dated and effective as of April 15, 1968, authorize and empower the Board of Directors of the Dallas-Fort Worth International Airport, by a duly adopted Order, to adopt and enforce Rules and Regulations for the orderly, safe, efficient and sanitary operation of the Airport, and to prescribe reasonable penalt-es for the breach of any rule or regulation not exceeding more than Two Hundred Dollars ($200.00) fine; and WHEREAS, the Board has deemed it necessary, under the above authority and for the health, safety, and general welfare of users of the Airport, and for the public convenience and necessity, to regulate commercial activities at the Airport; and WHEREAS, the Airport Board acknowledges its obligations to comply with the 1968 Regional Airport Concurrent Bond Ordinances, under which the constituent Cities have convenanted to maximize the revenues that are received from the operation of the Airport; and WHEREAS, the aforesaid provisions of State Law and of the Contract and Agreement require approvals of the City Councils of the Cities of Dallas and Fort Worth in order that the following provisions shall have the same force and effect within the boundaries of the Dallas-Fort Worth International Airport as such Order would have in the Cities of Dallas and Fort Worth; and WHEREAS, it is the intent of the Board to recodify other Sections from time to time as shall be necessary and appropriate; and WHEREAS, it is the desire of the Board that this Order be forwarded to the City Councils of the Cities of Dallas and Fort Worth, and said City Councils are each hereby respectfully requested to approve same; -2- V. .p, A NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT: SECTION 1. That the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board is hereby recodified and shall be referred to as the 1988 Revised Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, and the attached copy thereof, and one (1) additional copy thereof marked "Exhibit A" and filed in the official records of the Board for permanent record and inspection, are incorporated herein by reference. SECTION 2. That the violation of any provision of the 1988 Revised Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board where an act or a failure to act is made an offense or is otherwise prohibited, shall be punishahle by a fine not to exceed Two Hundred Dollars ($200.00), and each day a violation shall continue shall constitute a separate offense; provided, however, where the offense is one for which a penalty is fixed by state law, the latter penalty shall govern. SECTION 3. That this Order shall become effective upon approval by the City Councils of the Cities of Dallas and Fort Worth, and after publication of a substantive statement thereof and the penalty for violation thereof, in a newspaper of general circulation in each of the Counties of Dallas and Tarrant. Such notice shall state that a breach of the 1988 Revised Code of Rules and Regulations of the Dallas-Fort Worth -3- .. .!~ h. ~ ~' A International Airport Board will subject the violator to the infliction of a penalty and shall state that the full text of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board is on file in the principal office of the Board where the same may be read by any interested party. PASSED APPROVED and ORDERED this 3rd day of ~g~, , A.D. 198 8. Chairman Dallas-Fort Worth International Airport Board ATTE5T: y Secretary Dallas-Fort Wo'r International Airport Board -4- w .? r Inter~a~ionarl ~tspo~' Oris W Dunham, Jr. Ezecuuve Director Mr. Wade Adkins Fort Worth City Attorney City Hall Building 1000 Throcklnorton Fort Worth, TX 76102 Dear Mr. Adkins: May 11, 1988 ~,1 ~'~/' ~ ~~ i y' ' as J SAY ~ ~ 1988 ~EP7; OF I,,,qW /' RE: D/FW Resolution No. 88-111 On May 2, 1988, the Dallas-Fort Worth lnternational Airport Board passed Resolution No. 88-111, approving the recodifieci 1988 Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board. 'The following articles are enclosed for your consideration: (i) Copy of the proposed ordinance (2) Draft Council Communication (3) Certified copy of Resolution No. 88-11! (4) 12 Coples of the Rules and Regulations Your efforts in presenting these materials to the City Council for approval would be greatly appreciated. Since ly, T. HI Legal Counsel Enclosures (4) mb75O-88 Admin3strative Offices-East Airfi®ld Drive (214) 574-6720 P.O. Drawer DFW Dallas /Fort Worth Airport, Tegas 75261 3 y SECTION 7. That the City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two days in the official newspaper of the City of Fort Worth, Texas, as authorized by Texas Local government Code, Section 52.013. SECTION 8. That the City Secretary of the City of Fort Worth, Texas, is hereby directed to engross and enroll this ordinance by copying the caption, penalty clause and effective date in the minutes of the City Council and by filing this ordinance in the ordinance records of said City. SEC`PIUN 9. That this ordinance shall take effect immediately from and after its passage and publication as required by law, in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so ordained. AP ROVED AS TO FORM ll LEGALITY: City Attorney Date : C - ~g ~ Y ~ ADOPTED: EFFECTIV -5- _. ~~ ~~ ~ ~di~ 1988 REVISED CODE OF RULES AND REGULATIONS D/FW INTERNATIONAL AIRPORT 1 1 1 '~lTA_ 1 1988 REVISED CODE OF RULES AND REGULATIONS D/FW INTERNATIONAL AIRPORT ~. CONTENTS PAGE CHAPTER ONE. GENERAL PROVISIONS Section: I. Title ........................................................3 2. Intent .......................................................3 3. Scope ........................................................3 4. Definitions ...................................................4 5. Laws of the State of Texas .....................................5 CHAPTER TWO. TRAFFIC REGULATION Section: 1. General Law Governing .......................................8 2. Traffic Control Installations ....................................8 3. Parking .....................................................10 4. Employee Parking Areas ......................................10 5. Restricted Areas .............................................11 6. Passenger Loading Zones ................................`......11 7. Loading Zones .......................................12 8. Impeding Flow of Traffic ......................................12 9. Solicitation of Ground Transportation ...........................12 10. Inoperable Vehicles ...........................................13 CHAPTER THREE. PERSONAL CONDUCT Section: 1. General- State Law ..........................................16 2. Restricted Areas ............................................ 16 3. Animals . .. ... ..... ....... ............ .... 16 4. Standards~For Fund Solicitation and Distribution of Literature ................................................17 5. Litter ..... .........................................23 6. Obstruction to Avigation .............................. ......24 7. Organizations...... .......................... .........25 8. Camping, Swimming, Picnicking ................................26 9. Noise... .............................. .................27 10. Table and~Chairs .............................................27 11. Food, Etc ....................................................27 12. Pins, Etc . ...................................................28 13. Obstruction of Passage ........................................28 14. Fradulent Misrepresentation ...................................28 -i- 1 15. Unauthorized Transfer of Authorization ..::::::...: : ............28 16. Unauthorized Use of Authorization ... ... .28 17. Temporary or Permanent Residence ............................29 CHAPTER FOUR. TAXICAB RULES AND REGULATIONS Section: 1. General Provisions ..................... ....................33 2. Operating Authority ......::::..::..:..::::::::::::......::::.36 3. Taxicab Drivers Permit ...... .40 4. Miscellaneous Holder and Driver Regulations .....................52 ' S. Service.Rules and.Regulations • :::::::::::::. ,..:........:::::::.56 6. Fares . .... ... ...... .61 7. Vehicles and Equipment .......................................64 _ 8. Enforcement ................................................68 CHAPTER FIVE. BUS AND LIMOUSINE RULES AND REGULATIONS Section: 1. General Provisions .. . .76 2. : ::::::::::............................ Operating Authority . .80 3. Bus/Limousine Driver's Permit .. ... ......................... .87 4. Miscellaneous Holder and Driver Regulations .................... .97 5. .... . Service Rules and Regulations 101 6. :::::::::::::: : : : :::::: .:::: Fares...... .... . 108 7. Vehicles and Equipment ......... _ ........................... 108 8. Enforcement ............................................... 111 CHAPTER SIX. COURTESY VEHICLE RULES AND REGULATIONS Section: ' 1. General Provisions . . . .... . . .. .118 2. • • • : Operating Authority , ::::: : • .... . .120 3. Decal/Insignia Criteria .. .......... ... .......... 125 4. 5. Service Rules and'Regulations Parking :::::.:.: ; .. • .:::::::::..:.:..125 .133 6. Enforcement .. .. ... ....... .................. 135 CHAPTER SEVEN. POLLUTION CONTROL RULES AND REGULATIONS Section: 1. ........................... ...... ............ ...........139 2. ............~...........• ...........................•.....144 3. .144 4. ........................................... ... ..... .....145 i _~~_ CHAPTER EIGHT. CONTRACT FUNDING RULES AND REGULATIONS Sec tion: 1. Purpose........ ..........................................161 2. Effective Date and Duration ..................................161 3. Scope ................... ........... ........162 ~ 4. ................ Administration of Rules and Regulations ...... .162 5. Contracts Funded Entirely From Operating Revenues ...................... .......................... .162 6. Contracts Funded Entirely from The Proceeds of Joint Revenue Bonds. .. ...... ............... .163 7. Contacts Funded Partly with Joint Revenue Bonds or Operating Funds and Partly With Funds of a • • . • • . • • • • • . Tenant. ... ... ... ... ..... ~ .163 8. Board Contract Funded Entirely by Tenant ..................... .165 9. Tenant Contractors ......................................... .165 CHAPTER NINE. COMMERCIAL ACTIVITIES Section: 1. Solicitation ................................................ .169 2. Advertising ................................................ .169 3. Commercial Photography and Moving Picture Production ................................. .............. .170 4. Newsracks ..... .......... ... ... . .171 5. Food Protection and San-tation . ... ... .. ................... :: :: .172 CHAPTER TE N. PROCEDURES Section: 1. Intent ............ .. .................... ... ....... ~ 180 2. Airport Security .. .. .......................... .... .180 3. Procedure for Adoption•of Airport Rules• • • • • • • • , • • • . • • • • . and Regulations . .181 4. Adoption Procedures for Rules, 1egulations and Orders with Penal Provisons ........... ..... ..... .. 182 CHAPTER ELEVEN. SAVING, SEVERABILITY AND PENALTIES Section: ' 1. Catchlines of Sections ..:::::: • ::::: • • • :: • ::::::::::: • :::.::.186 2. Severability .186 3. Penalty, Continuing Violations ............... .............. .186 1 APPENDIX I APPENDIX II r -lll- 1 i1 1 C}{APTER ONE GENERAL PROVISIONS -1- 1 1 1 1 1 1 1 1 1 1 1 1 ARTICLE I GENERAL PROVISIONS PAGE Sec.l Title .............................................................3 Sec.2 Intent ............................................................3 Sec.3 Scope .............................................................3 Sec.4 Definitions ........................................................4 Sec. 5 Laws of the State of Texas ..........................................5 -2- 1 CHAPTER OIVE GENERAL PROVISIONS SECTION 1. TITLE This Code shall be entitled "The 19$8 Revised Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board," may be cited as such, and may be referred to as "this Code," or "the Code." SECTION 2. INTENT It is the intent of this Code to establish certain rules and regulations necessary to the maintenance and promotion of the peace, health, good government and welfare of the Dallas-Fort Worth International Airport, to provide for the best performance of the functions thereof, for the security of persons using the Airport and to provide by such rules and regulations and by concurrent ordinances of. the Cities adopting this Code, for suitable penalties for the violation of its provisions. SECTION 3. SCOPE The provisions of this Code shall constitute a special enactment of effect only 1 within the boundaries of the Dallas-Fort Worth International Airport, and adopted in cooperation and concert with other Cities in recognition of the unique and special i requirements of the planning, acquiring, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, and protection and policing of the Dallas-Fort Worth International Airport. This Code shall not be construed to waive or set aside any provisions contained in other Board approved 1 rules or regulations not expressly repealed hereby or other existing ordinances of any city or any law of the State of Texas. To the extent of any conflict between the existing or future general ordinances of any city and this Code, this Code shall prevail only within the boundaries of the Dallas-Fort Worth International Airport and not otherwise. SECTION 4. DEFINITIONS (1) AIR OPERATIONS AREA shall mean the area of the airport bounded by a fence or to which access is otherwise restricted and which is primarily used or intended `~ to be used for landing, takeoff,. or surface maneuvering of aircraft, and related ' activities. (2) AIRPORT shall mean all of the land, improvement, facilities and i developments within the boundaries of the Dallas-Fort Worth International Airport. (3) AIRPORT BOARD or BOARD shall mean the Dallas-Fort Worth International Airport Board. (4) AIRPORT ROADWAY shall mean those portions of the Airport designed and made available temporarily or permanently by the Airport Board for vehicular traffic. (5) EXECUTIVE DIRECTOR shall mean the Executive Director of the Dallas- .' Fort Worth International Airport Board, or his designee. ~ (~6) GROUND TRANSPORTATION BUSINESS shall mean the pursuance of the occupation of transporting passengers, material or baggage for hire, either within the Airport or from or to the Airport and points outside thereof. (¢7) PERMIT shall mean an official written instrument granting a special privilege and issued by the Airport Board. (~8) PERSON shall mean any individual, firm, co-partnership, corporation, association or company (including any assignee, receiver, trustee or similar representative thereof) or the United States of America or any foreign government or 1 ~- any State or political subdivision thereof. 1 ($9) RESTRICTED AREA shall mean any portion of the Airport to which no ingress is permitted except upon specific authorization by the Airport Board, such area to be designated by signs where practicable. (~10) VEHICULAR PARKING AREA shall mean those portions of the Airport designated+and made available temporarily or permanently by the Airport Board for the 1 parking of vehicles. (~~11) VEHICLE shall mean and include automobiles, trucks, buses, motorcycles, horse-drawn vehicles, bicycles, pushcarts and any other device in or upon or by which any person or property is or may be transported, carried, or drawn upon land, except aircraft and railroad rolling equipment or other devices running only on stationary rails or tracks. .. SECTION 5. LAWS OF THE STATE OF TEXAS All portions of this Code shall be cumulative of all applicable civil and criminal laws of the State of Texas. ii 1 CHAPTER TWO TRAFFIC REGULATION 1 ~ 6. r CHAPTER TWO TRAFFIC. REGULATION PAGE Sec.l General Law Governing .............................................8 Sec. 2 Traffic Control Installations .........................................8 Sec.3 Parking . ........................................................10 Sec.4 Employee~Parking Areas ...........................................10 Sec. 5 Restricted Areas . ................................................11 Sec.6 Passenger Loading Zones ...........................................11 Sec.7 Loading Zones .. ............................................12 Sec. 8 Impeding Flow of Traffic ...........................................12 Sec. 9 Solicitation of Ground Transportation ................................12 Sec. 10 Inoperable Vehicles ................................................13 -7- u CHAPTER TWO TRAFFIC REGULATION SECTION 1. GENERAL LAW GOVERNING All of the provisions of State Law governing the regulation of motor vehicles, including but not limited to Article 6701d of the Revised Civil Statutes of the State of ' Texas, entitled "Uniform Act Regulating Traffic on Highways", Article 6675d-1, et seq. "Registration of Vehicles," Article 6687-1, "Certificate of Title, Act", Article 6687b, Licensure, Article 6701h, Safety Responsibility, and Article 4477-9a, Section 5.01, Abandoned Motor Vehicles, are hereby declared to be in effect on the Airport Roadways, as defined, except insofar as the provisions of the said Articles are changed by this Code under the authority of $~¢Z~~~i ~$ ~~ ~f~Z~X¢ ~r~1~ State Law. SECTION 2. TRAFFIC CONTROL INSTALLATIONS (a) It shall be unlawful to disobey any traffic control device, sign, signal, marking or insignia erected, installed or placed by authority of the Airport Board. This shall apply, when applicable, to both vehicular and pedestrian traffic. Insofar as possible, all such devices, signs, signals, markings or insignia shall conform to the Manual and Specifications adopted by the State Highway Commission of the State of Texas, as set ' forth in Section 29 and 31 of Article 6701d of the Revised Civil Statutes of the State of Texas. (b) Except for speed limit signs, all traffic control devices, signs, signals, markings and insignia as presently located, erected or installed on the premises of the Dallas-Fort Worth International Airport, are hereby adopted, affirmed and ratified. Hereafter, the Executive Director, or the person, officer or employee designated by him, shall conduct studies and investigations relating to all such traffic control devices, signs, signals, markings and insignia, and in accordance with such studies and determinations ~ d_ shall make such changes as are deemed necessary in the interest of traffic safety. Such changes, when effected shall be entered upon an official rf~~~ ~~ ~-~#S~X~~ ~~~~~f~ ~~ v~~~~~ l~#t~~l ~~~ ~~~~l~l~~ ~~ ~~~fi~ #>fi~ ~Zil~ ~f ~~~Xg~-~~~~ ~~~~~d~l ~~tX~~~ ~~ ~r~ XqS ~¢~~1' record to be maintained by the Executive Director, or his designee. ~ ~ Provided, however, the delegation of authority herein granted shall not extend to establishing or changing speed limits, whether maximum or minimum, but same shall be ' established by the Airport Board according to the requirements of State Law as delegated to cities by Legislative enactment. (c) Based upon the authority vested in the Cities of Dallas and Fort Worth by Sections 169(b) and 170(b) of Article 6701d of Vernons Annotated Civil Statutes, the speed limits upon the streets, ways, passages and vehicular routes within the boundaries ' and confines of the Dallas-Fort Worth International Airport are set, affirmed and ratified ~~~1~~ ~~ ~~~ fi~~ ~!~ ~X#~ #t1E~~~~~ ~~~~~~~ ~~~ as described in ~~~ ~~~~~k~-/~~~-~~APPendix I ' of this Code. Unless otherwise provided, the maximum speed limit on streets, ways, passages and vehicular routes within the boundaries and confines of the Dallas-Fort Worth International Airport shall be thirty (30) miles per hour. The streets, ways, passages and vehicular routes, and their corresponding block numbers within the boundaries and confines of the Dallas-Fort Worth International Airport are set, affirmed, and ratified as described in Appendix II of this Code. In compliance with and in obedience to the above authority, the Dallas-Fort Worth International Airport Board lfi~~ ~~~~t~rf~Xd~~~ ~~~~ 1~-~ ~~$X~ ~~ ~d~ directs the Executive ~~ Director to perform engineering and traffic investigations to insure that the prima facie maximum speed limits ~~>f~Xl~ set forth in Appendix I are reasonable and safe under the conditions found to exist at all intersections and other places and upon any part of the Airport roadway system described therein, ~~~~~~ ~~{k~~ taken into consideration the -9- 1 width and condition of the pavement and other circumstances on such portion of said Airport roadway system as well as the usual traffic speed limits thereat and thereon, which limits when appropriate signs giving notice thereof are erected shall be effective at any such intersection or other place or part of the Airport roadway system at all times during hours of daylight or darkness, or at such other times as may be determined. SECTION 3. PARKING (a) It shall be unlawful to park a vehicle or to permit the same to remain standing within the boundaries of the Airport except as such places and for such periods of time, and upon payment of such parking fee and charges, as may from time to time be prescribed by the Airport Board. Any vehicle which is disabled or which is parked in ' violation hereof or which represents an operational hazard at the Airport may be removed or towed away and impounded, all at the operator's or owner's expense and without liability for any damage to the vehicle which may ensue from such removal or towing., Such expense shall be a Lien against the vehicle and payment in full therefor shall be a prerequisite to the reclaiming of the vehicle by the operator or owner. The aerator or owner of a vehicle which has been removed or towed away and impounded by authority of this section may seek informal review of such action by Legal Counsel to the Airport Board within 48 hours of impoundment. ~ (b) The method of disposition of abandoned or luriked motor vehicles or other ~' vehicles shall be as set forth in ~I¢,~h~~ ~XXX ~~l XX~XX ~~-XXXX~~1 f7~~~~ A+Ib~d~~~~~~ M4S;t~~ ~~~X~X~ 9+~~lXl Article 4477-9a of the Revised Civil, Statutes of the State of Texas, insofar as same may be applied to the operation of the Airport. SECTION 4. EMPLOYEE FARKING AREAS ~ A person commits an offense if he operates, parks or stands a motor vehicle within ' a parking area designated for employee parking unless a permit, decal, or other ' -i0- 0 authorization therefor is prominently displayed on the vehicle or he gains .authorized access by means of a control mechanism. For the purposes of this section, prominent display of an authorized permit, decal or other authorization may be accomplished by affixing said permit, decal or other authorization to the lower left corner of the windshield of the motor vehicle. SECTION yt5. RESTRICTED AREAS The Airport Board may designate Areas or Zones at -the Airport as "Restricted Areas," and may designate, by posting signs to that effect, areas in which only vehicles of a special kind or type, or which bear an authorized decal or other insignia, shall be authorized to park, stop, stand or operate, I~16 ~~~XX~~ ~Xg~~ X~ X~~X ~XX~~X~ and jX ~~-~.X1 ~~ ~~Z~,y(,X~X X~~ #~1~ ~~~$~~ t~ a person commits an offense if he operates or drives any vehicle or parks, stops or stands ~~i¢~i ~ vehicle in an Area or Zone so designated unless such vehicle is X~~ ~~~¢X~X ~X~~ ~~ Xiblb~ so authorized to enter or park, stop or stand in such Area or Zone. The Air Operations Area is expressly declared to be a "Restricted Area". A person commits an offense if he operates, stops, or parks a motor vehicle within the Air Operations Area, except with the prior approval of the Executive Director, or pursuant to a lawful escort. The Department of Public Safety shall be authorized to remove any vehicle which is parked ~n violation of this Section or where such vehicle represents an operational hazard in or impedes the efficient operations of the Air Operations Area. SECTION $6. PASSENGER i.OADING ZONES The Airport Board may establish zones for loading or unloading passengers to or from designated vehicles at the Airport. Such zones shall be designated with appropriate control devices, signs, signals, markings or insignia, and ~-~ a person commits an offense if he ~~~XX parks stops or stands any vehicle in any such Passenger Loading Zone ~~X ~~~XX #~~ ~~t~~~ ~t~~ ~t ~X#~~ ~~~ ~b~V~X~X~ Xd~ ~ ~a4~#~~~~-~ ~~~~Xd~~ ~~/~~ except to load or unload Passengers, and then only if it is a vehicle authorized in such zone and only for the time limit established by the Board and posted in such zone. SECTION ~7. LOADING ZONES ~~ The Airport Board may establish Loading Zones for the loading and unloading of material at the Airport. Such zones shall be designated with appropriate control devices, signs, signals, markings or insignia, and t~~ a person commits an offense if he ~~~XX stops, stands or parks any vehicle in a Loading Zone other than for the expeditious unloading and delivery, pickup and loading of material by a vehicle authorized by the Executive Director for such use. In no case shall the stop for loading and unloading of materials exceed the time limit established by the Airport Board and posted in such Loading Zone. ~~¢xX¢4~ 78. IMPEDING FLOW OF TRAFFIC No person shall park, stop or stand a vehicle in any Airport Roadway, Driveway, Ramp, Taxiway, Paking Area, Passenger Loading Zone, Loading Zone or in front of or near any extrance or exit to any building at the Airport so as to block, obstruct or impede the free passage of any vehicles or pedestrians. SECTION $9. SOLICITATION OF GROUND TRANSPORTATION XX ~~~XX ~~ ~6d~X~ybi~X ~~¢ ~.~}b ~~X~~~ X~bA person commits an offense if he solicits ground transportation business on the Airport, or ~~ picks up passengers or baggage for hire on the Airport without a ground transportation permit from the Airport Board, or without having an Airport Board Concession, License or Franchise therefor, and, to the extent of any operations outside the Airport Boundaries, without a license, permit or franchise from any City through which said business is conducted if lawfully regulated by -12- 0 I~~ the ordinances of any such city. SECTION 10. INOPERABLE VEHICLES A person commits an offense if he stores an inoperable vehicle on Airport remises. For ur oses of this Section, an~ ino erable vehicle includes, but is not limited to, any vehicle required by law to have a current registration or inspection sticker attached or displayed upon such vehicle and which does not display such current registration or inspection sticker. Any type or kind of trailer shall be considered inoperable if not attached to a motor vehicle. The Department of Public Safety shall be authorized to impound any inoperable vehicle found upon Airport premises. A' -13- 1 CHAPTER THREE PERSONAL CONDUCT -14- t CHAPTER THREE PERSONAL CONDUCT PAGE Sec.i General- State Law ...............................................16 Sec.2 Restricted Areas ..................................................16 Sec.3 Animals.. ..... ... ......... ..........................16 Sec. 4 Standards For Fund Solicitation and Distribution of Literature .....................................................17 Sec.S Litter .......... ................................................23 Sec. 6 Obstruction to Avigation ...........................................24 Sec.7 Organizations........... ........................................25 Sec. 8 Camping, Swimming, Picnicking .....................................26 Sec. 9. Noise.. ........... ......................................27 Sec. 10 Table and~Chairs ..................................................27 Sec.ll Food, Etc .........................................................27 Sec.. 12 Pins, Etc. ... ..................................................28 Sec. 13 Obstruction of Passage .............................................28 Sec. 14 Fraudulent Misrepresentation .......................................28 Sec. 15 Unauthorized Transfer of Authorization ..............................28 Sec. 16 Unauthorized Use of Authorization ..................................28 Sec. 17 Temporary or Permanent Residence .................................29 -15- 1 CHAPTER THREE PERSONAL CONDUCT SECTION 1. GENERAL -STATE LAW The. provisions of this Chapter shall not be construed as limitations upon the civil or criminal laws of this State which are in full force and effect within the areas under the control and jurisdiction of the Airport Board. SECTION 2. RESTRICTED AREAS (1) The Airport Board shall have authority to designate "Restricted Areas" within the Airport. The Air Operations Area is expressly declared to be a "Restricted Area." (2) XX ~~-~.XX ~~ l~~X~v~XIdX v~XXV~~l6X ~~~~XiX¢ #~t~~tX~~.tX~~ Xt~~fi t~-~ l~X~~~~X ~~#~~l X~ A person commits an offense if he enters or travels, in a vehicle or on foot, upon any area designated by the Airport Board as a "Restricted Area," without specific authorization from the Executive Director or pursuant to a lawful escort. A person authorized to enter a "Restricted Area" commits an offense if he enters or exits at anv location which is not designated for entrance to or exit from such "Restricted Area". ~3) Xt ~~~:XX {~~ ~~X~v~X~bX X~~ ~~lf ~~f~~d- v~~~ X$ ~~~~ A person commits an offense ~f he is found within any Restricted Area of the Airport ~~ and fails or refuses to produce proper identification upon the request of an Airport Public Safety Officer, or any other authorized representative of the Airport Board. SECTION 3. ANIMALS A person commits an offense if he XX ~~~XX lb~ ~~X~v~X>hX ~~ brings .any animal on the Airport, or ;tai permits or causes the same to be brought thereon; provided, however, that this section shall not apply to a "seeing-eye" dog accompanying a blind person, or to -16- """ animals ro erl confined for shi ment or to animals used for law enforcement ur oses P P Y P P P cif >f~ ~d-X~~X~ ~~~-tX~-~~ Xd~ ~tfX~~t~ ~~t~X ~b~d-X~X~~I ~~~xX~~ 4~l B~~.XSCXxX4~~ (1) XX ~~~XX ~~ ~b~-X~.v~XleX t~ #~XX~Xt ilb~-~~ ~~ ~~~6Xl~X>~g ~t ~~Xlb~ X~X ~~~ la~X~~~~ ~X il~~ A~X#l~~Xt v~X>f~~l6t ~ ~~tnhX>! X~~>~ t~~ ~Xtt~~~t ~~~X~ ~~-~l t~ t~~ ~~t~d-X ~X ~>fi~ ~~~~~XX~~~ ~t6~~X~~ X~~ ~X~~~~X ~~~~~#XX~~I v~XX~~~6t ~. ~~~-~Xt t~~fi #~~ ~XX~6 X~- ~~ t~~~~6gV- v~~-X~~ ~~~~ ~~~~~tX~~~ ~f~ ~~~~tb~t~~ XX X~.v~X1bXXl6 ~~l~1dX~X~~ X16 X~~ ~X~X~~d~~~~ ~X ~~~ ~~~~ ~Xi~6l ~~7 Xi ~~i~XX 16~ l~~X~v~XI~X X~ ~~XX ~rf ~XX~~ X~X ~~X~ ~~~ ~.tfiX~X~ ~-~ fi~~~~-#~~X~~ ~d- t~~ ~XX~~~t ~XX~~lbt ~ 1~~~~XXI ~~lh~~~~X~>fi ~X it~~~l~X~~ X~~fi X~~ 9~XX~~~t ~~~:f~X X3y XX ~~~XX ~~ 16~X~v~X~6X f~ ~~XX~XX ~~~ ~~6~X~-~~~ ~~ tt~~~l X~~X~6~X~$ X-~~>X-~~~>fX~tX~~- ~X ~~r~~~~ m~ ~~gg~~~ t~~ V~Xt~ ~~ X~~ ~X~~~~>t v~XXV-~rbt ~. ~~~~-Xt~ ~m~~~~~X~~ m~ it~~~~-X~~ ttm~ ~a~~ ~Xt~~XX ~~~~~~ ~~~~ t~ X~~ ~~t~>fit mt ~~~ ~~~~~XX~>fi~ ~~X~X~~ X~~ 9~Xifl~~~X ~m~~~~~X~~~ v~Xf>fi~~# ~ XX~~~~~X ~~~fiXt ~~ Xt~~~~X~~ r~m-~ ~~~ ~XX~ X~~~>6~~ v~~X~~ ~~X~ ~le~X/~~>~# ~~ Xt~~~ X~ ¢~~~,~~~~~ Xt X~v~t~6XXl6 f~~-bX~X~~ ~~ X~~ ~~mX~~~¢~~ ~x ~>fi~ ~~¢~ ~XX~bI SECTION ~ 4. STANDARDS FOR FUND SOLICITATION AND DISTRIBUTION OF LITERATURE (1) Definitions: (a) SOLICITATION is defined as seeking money donations or donations of anything of value from the general public. (b) LITERATURE is defined as books, pamphlets, handbills, tracts, cards, circulars, pictures, films, magazines, or any other items. (c) TERMINAL SECTION is defined as the Connector Building between Airport Terminals 2E and 3E and the A, B, and C Sections of Level 2 of Terminals 2E, 3E, 4E and 2W. (2) Permits: No person may solicit money or anything of value or distribute literature without a permit issued by the Executive Director or his representative. An application shall be submitted to the Executive Director at least three (3) days m advance of the first day sought for solicitation and/or literature distribution, excluding Saturdays, Sundays, and legal holidays, and shall include the following (a) the full name and street address of the applicant; (b) the full name and street address of the organization sponsoring, 1 conducting, or promoting the solicitation or distribution; -17- (c) whether the sponsoring organization is a branch or division of a national organization and, if so, the name and street address thereof; (d) if the sponsoring organization is a Texas corporation, a copy of its Corporate Charter, as amended, shall be furnished; if it is a foreign corporation, a copy of its Authorized Certificate to do business in the State of Texas shall accompany the application; (e) the purpose of the solicitation; (f) the date or dates and hours of the solicitation and/or literature distribution. (3) The Permit will be issued within three (3) days of receipt of the Application, excluding Saturdays, Sundays and legal holidays; provided, however, that a permit application may be denied or a permit granted hereunder revoked if one or more of the statements in the application is found to be untrue. (4) Time, location and manner: When permits are granted, the followin rules and g standards will apply: (a) location: Permittees will not be permitted to conduct the activity for which the Permit is issued (1) in Airport roadways, (2) inside airline gate departure lounges, (3) in areas restricted to airline or Airport personnel, (4) in restrooms, (5) in premises leased to a concessionaire, (6) in stairwells, staircases, elevators or escalators, (7) in baggage claim areas, or (8) iri any area temporarily or permanently restricted for security or construction reasons to necessary personnel. Permittees may not conduct such activity within ten (10) feet of any ticket counter, departure lounge check-in counter or security screening point, nor may Permittees solicit from or distribute literature to any person waiting in line at those areas or loading or unloading baggage from a public or private vehicle. (b) Permits will be issued for a period of not more than thirty (30) days. (c) manner of operation: -18- 1 ~1 (aa) a person may not engage in solicitation or distribution of literature unless he wears a badge, nameplate, card, or other personal identification on his upper torso and clearly visible to the public. That identification must state the true and correct legal name of the person and the organization or cause represented. (bb) a person soliciting or distributing literature shall, in that connection, obey all applicable State and Federal laws and all applicable Rules and Regulations of the Dallas/Fort Worth International Airport Board. (cc) Solicitation of funds and distribution of literature may be conducted from tables at the following ;~~¢qh$ locations and subject to the following terms: ' 1. Locations: (a) Terminal 2W (i) Inside security, in front of wall between column lines 70 and 71 opposite vending machines between Gates 12 and 13. (ii) Inside security, in front of wall opposite newsstand between gates 4 and 5. (iii) Outside security, in front of wall in A-2 entryway ' on which Ground Transportation board is located; provided, however, that no table may be placed in t front of the Ground Transportation board itself. (b) Terminal 2E (i) Inside security, in alcove between gates 7 and 8 (c) Terminal 3E (i) Outside security, in front of glass ~~all between A-2 escalator entrance and telephones. (ii) Outside security, in front of glass wall between A-4 I escalator entrance and telephones. -19- 1 1 (iii) Outside security, in front of glass wall between B-2 escalator entrance and telephones. (iv) Outside security, in front of glass wall between B-4 escalator entrance and telephones. (d) Terminal 4E (i) Inside security, in front of windows between Gate 3 exit and telephones. (ii) Inside security, in alcove opposite flight information display monitors between Gates 8 and 9. (iii) Inside security, in front of wall across from lockers and restrooms between Gates 18 and 19. (2) Terms (a) No permittee may have more than one table at a time at any one of i bed above. the locations descr (b) No person soliciting funds or distributing literature from a table shall leave the table unattended. A table shall be deemed unattended if it is outside the view of the person or persons authorized by permit to set up the table. h (3) f h ree eet an t (c) Tables permitted hereunder shall not be more t ,~ in length or three (3) feet in width. When erected, the longer sides of the table shall be aligned parallel to the hallway or concourse m which the table is located. A table placed at the locations described m 4(~~ cc) (a) (i) and (-i), (b) (ii), (c) (i), (ii), (iii), l h (2) d (i ) h ll b d d i d (d) ( ) e p no more t an two an ii s a ace an ( v), an i feet from the wall m front of which it is permitted to be located. A table placed at the locations described in ~+(~~ cc) (b) (i) and (d) (ii) shall extend no more than one (1) foot into the concourse from the -20- alc ve in which it is ermined to be laced. o p P (d) Placement of tables at the locations herein permitted shah be on a first come first served basis each day. At locations large enough to accommodate more than one table under these rules, a permittee shall arrange its table, when requested by another permittee, so as to allow the other permittee to also place a table at the location (e) Tables permitted hereunder shall have legs capable of being folded under or removed from the table surface and shall be folded or removed while being transported through any terminal building. (f) Placement of tables hereunder is subject to Section ~,( 13 of Chapter Three of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board. ~~~~ (dd) No more than 3 persons authorized by permit to solicit funds or distribute literature shall be authorized to do so in the secure area of a terminal section at the same time. Each person wishing to distribute literature or solicit funds must: (1) Obtain in advance one of three dated tags for the terminal section in which he desires to solrcit funds or distribute literature such tags shall be a~-ailable from 7 00 a m to 5:00 p m on a first-cor~ie first- , ~ served basis at Station One of the Airport Department of Public Safety on and for each day that the person desires to solicit funds or distribute .literature. Only three tags shall be made available per terminal section per day. No person may hold more than one tag at a time. Only the person obtaining the tag as described above may use it. ~` (2) Return the tag for one terminal section before obtaining a tag for another terminal section on the same day. (3) Display the dated tag on his upper torso, clearly visible to the public, while engaged in the permitted activity in the terminal section -21- and on the date to which the tag pertains. ~~}') (ee) A permittee commits an offense if he stores any literature or any items used in connection with his literature distribution or solicitation of funds to any public use are of the Airport's terminals. All such literature and material shall be carried on the person of a permittee while inside an Airport terminal building; provided, however, that where the solicitation of funds or distribution of literature is conducted from tables under Section X$ 10 of Chapter three of these Rules, the literature or material may be placed or displayed upon the permittee's table. (5) Appeal of Permit Denial or Revocation: When an application for a permit hereunder is refused or revoked, the Director will, within five (5) days of the denial, excluding Saturdays, Sundays and legal holidays, furnish the Applicant a written explanation of the reason for the denial or revocation. Within five (5) days of receipt of the explanation, the Applicant may submit a written request to the Executive Director that the Board seek a judicial determination that the Permit was properly denied or revoked. Within five (5) days following receipt of such request, excluding Saturdays, Sundays and legal holidays, the Board must apply to either the United States District Court for the Northern District of ''Texas or the appropriate Texas District Court for a judicial determination that the application vas properly denied or revoked. The Board has the burden of showing that the Application was properly denied or that the Permit was properly revoked. ~'" Upon a judicial determination, an interim permit will be issued and continue in '' force pending an appeal. If the issue for judicial determination is not heard and decided on the merits by the Court or otherwise mutually agreed upon by the parties within ten (10) days after the complaint or petition is filed, then an Interim Permit shall be deemed issued under this section by operation of law, and all activities proposed to be carried on in the Application for the original Permit may be carried on as if the original Permit had been -22- issued sub'ect to the same restrictions and obli ations under this Ordinance as other 1 g permitted activities. The Interim Permit shall be valid pending a decision in the district court, on any appeal thereof. It shall be a defense to a charge of soliciting or distributing literature without a permit that an appeal or judicial determination hereunder is pending. ~~S~xX~4~ ~~ ~X~~S XX ~~~XX ~~ 16~X~v~t~X ~~ ~~~~~ ~~~~~~~~~ ~~ ~~~~~~~ ~X~~-X ~~~~~~z~~~~~u ~~~~~XXu ~z~~,~X~~ ~~ ~~X~X~~ ~~ v~tXXt~~ ~~X~~t mr ~ ~~fi~~f~X#X ~~Xlbt~ ~X t~~ ~X~~~tt v~XX~~>~t ~ ~~~>~XX X~~~ X~~ ~X~~~~X ~~~~~~ ~~~xXa~a~ ~~ ~~~x~w~xX~oa ~~ ~~~~~~x~r X~ ~V~~XX ~~ ~6~X~v~X~bX X~ ~~~X~~l~l X~d~>f~l ~~X~.~~l ~X~X~b>f>~t fi~6XXX~~~t ~~~~~Xl X#fi~~~ qua mr z~ ~~t ~n~n~E~ mm a~r~n in ~~t ~~t zm apt m~uat~ge arg~~ ~a~t~~n¢~u ~nar~~r mr mto+~~ a~r~ai~e+mt Rtm~~~t ~r~ei a~~~m~ r~~~ mr ~~t ms~~r ~m~~ ~~ ~~~a~~u ~rm~~~st ma tie A~1~~4/t! ~KdtY~~ ~d~bllt bt dtldtf~ ~i~~btf~4/ ~~~7'X~4~ ~t Xk~b~~WX~~ ~~' ~~,d~~X~ ~~) XX ~~-~XX ~~ ~bd~X~v~t~bX t~ ~~~~~ ~.~~ ~~X~~t ~~~-~ ~d-~6 t~~~X~~X ~~XX~X~g ~-~ X~~~ ~~~ ~i~~f ~,bXX~Xd~~ ~~ ~t~~~X~~~ ~d~ t~~ 9~X~>s~~tt X~r XX ~~~XX ~~ ~b~X~.v~X~bX X~ X~~~~ ~~~ ~~X~¢i i~~-~ ~~~ ~~~X~X~ ~~ t~~ ~X~~~~;tt SECTION ~ 5 LITTER A person commits an offense if he XX ~~-~XX ~~ ~bd~X~v~X~bX ~~ places, discharges or deposits in any manner any litter, offal, garbage, trash, debris, lank or any refuse on the Airport, except at such places and under such conditions as the Airport Board may, from ' time to time, prescribe. -23- ~~S~XX~4~ ~~ ~~~~~~~ X~ ~~~ ~~~ $~b~~X~~$ Xt ~~~XX ~~ ~b~-X~v~X~6X ~~ ~dtXXX~~ ~~>6 X~XX X~~XXXXIbI ~~ ~~ ~~~~ ~f ~~~~(~~ ~~16 ~~~~~ ~~ ~~~~bX~~~ X~~~ ~~~ ~~~~~~~X~~-t ~~~~t ~~~~~~~~~tt ~~~~~~~~~~ ~~X/~f~~~~~X~~ >~~~~X~s~~ ~~ ~~~~~ ~~b#X~~~# ~~ ~~~ ~X~~~~t v~XX~~~t f~fiXiXX~g ~~~~~~ >~~:~~~~-~ X~~t~X~~t ~~~7X~~ X~l w~~~~~$ ~~~ ~~~1~4~SXV~~ Xt ~~~XX ~~ ~bifiX~v~t>~X ~~ ~~~f~ ~~~ ~t~V~X~XX~~ ,~~~~~~ ~t ~#~X~#X~b~l ~~ ~~XX~~~ X~ ~~~ ~-~X ~~-~~hXt ~ ~bX~X~XX~~ ~X t~X~ ~~~iX~~ XX ~~ X~ ~.~ ~XXX~~~ ~l~~~XXX~~XXl6 ~.~bi~-~~X~~~ ~~ ~X~i~ ~~' X~~~t#X X~.v~ t~ ~~ttl6 ~~~~ ~~~t~~~ ~~ ~~~X~~X~b~l ~~ X~ ~~X~~X~$ ~~X~ v~~~~~~ ~~ ~~~X~~X~b~ X~ #~~~~~~~~~ v~XX~ ~X~X~ ~1~~ X~~~>f~X t>bX~~ ~.~~ ~~~~X#XX~d~~ ~~ ~~~~~ ~~X~ ~~~~~d~ ~-~# ~~~d~ ~X~~~ ~ ~~X~X~t ~~ X~~ ~~~~~6~fX>~~ ~X~~~t~~ X~ ~~.~~~ ~~b~~+ v~~~~~~ ~~ ~~~X~~X~~t ~~~~~t X~>f ~XXX~~~~ ~~~~XXX~~XX~6 #~bX~~fX~~~ ~~ ~t~X~ ~-~ ~'~~~t~X 1C~.v~ X~ ~~ ~~l ~~ ~~~~~ ~~fi~ X# ~~~-~ ~;~ ~ X~$XtX~h~t~ ~~-X~~~d~X ~X X~+~X~V~tI ~~' ~~ ~ ~~~~hXt i~~>~ X~-~ ~X-~~~-~t ~~~t~~l 9~XX >~~~~~~~` btN4f fN#d tN0S4 E~~4~idA/ dM~lll r~WA@ ~2 trig s~it~6ftl S~~t~dddt dll Sd~N ~Nl#¢td td tN@ ddlN0llt4d d~I~t~btt btllkXdl! 1 SBQTI~W /Il F1R~ 61~4~71W2 @91~011°M~WT It Sd~l1 b4 ~ddl~~+t01 tb fi~b~l mldf~b/ml 04f~~41 Jd/df4 ~t t~~h~~i J~12N add ffl~~ ~'X$t~iXd~~ ~~ ~~XXd~~I~X~~X~~ ~~>6X~r~~~X ~~ ~~-~ ~X~~~~~ ~~¢~~~ ~~ ~.~b~~~-'X~~~ ~~~~~d+~~Xl ~~ ~~~~~ # tf16~ ~~~~~~~~~ ~~X~i~l SECTION ~ 6. 1~XX~$ OBSTRUCTION TO AVIGATION X~ ~l~~:XX ~~ ~(~X~.Vv~IdX ~Q~A person commits an offense if he operates or releases any kite, balloon, model aircraft, model rocket or parachute, or other such contrivance upon or above the Airport without written permission from the /I~j~~~~X ~~~~~ Executive Director. -24- 0 1 SECTION X~ 7. ORGANIZATIONS (1) Xi ~V~~XX Ib~ 1b~X~v~X-bX 1~ A person commits an offense if he conducts or participates in parades, marches, patrols, demonstrations, assemblies, or t¢S ~X>fX>'X~IeX~ i~~>~i61~X~f~ ~-~ ~X~~~ nh~X~~X~X~I ~~ X~ carries or displays signs, handbills or placards on the Airport, unless a Permit has been granted in response to a written request to engage in any such activity. Such written request must be submitted to the Airport Board at least three (3) days in advance. The written request required herein shall state: (a) the full name and mailing address of the person or organization sponsoring, conducting or promoting the activity; (b) the purpose or subject thereof; (c) the date, hours, and exact Airport location for which the request is made; and (d) the approximate number of persons who will participate in such activity. e ~ (2) The Executive Director shall rant a ermit within three (3) workin da s of receipt of an application. An application for a permit may be denied or a permit granted hereunder revoked if one or more of the statements m the application is found to be ' untrue. XX ~d-~XX ~¢ le~-X~v~t~bX` A person commits an offense if, while engaging in any activity described herein, _ p ~ X¢ he revents or interferes with access or egress from any Airport ' facility or premises, and no person shall in any manner by words or physical force assail, coerce, threaten or disturb any qh¢r~~¢~ ¢X ~~¢ ~~b~KX¢ erson, nor shall any such activity prevent` or interfere with, ~i~i7h15¢~ ¢~ ¢~i¢X~,XX the conduct of business at the Airport Permittees will not be permitted to conduct the activity for which the Permit is issued (1) in Airport roadways, (2) inside airline gate departure lounges, (3) in areas restricted to ' airline or Airport personnel, (4) in restrooms, (5) in premises leased to a concessionaire, F~ -25- 0 S (6) in stairwells, staircases, elevators or escalators, (7) in baggage claim areas, or (8) in any area temporarily or permanently restricted for security or construction reasons to necessary personnel. Permittees may not conduct such activity with ten (10) feet of any ticket counter de arture loun a check-in counter or securit screenin oint, nor rna ~ r Permittees conduct such activities from or distribute literature to any person waiting in line at those areas or loading or unloading baggage from a public or private vehicle. Permittees may not carry pickets or other similar signs, or devices with a dimension that exceeds the Permittee's height or width inside Airport Buildings. Any conflict between this rule and a licable State law shall be resolved in favor of State law, rovided that State law impresses more stringent requirements on the conduct regulated hereby. 8@~TJOW !Sl IMP~4~80WA~TIWW 9 W 0FF1¢~R Itl a anon m~ ~~«~r~c tmr aat ~e+sm~:d r~ia~rt r~~+~a~~: ~a~nseu:m mE ~~ mtu~~~ df tNf 9~1f$bli ~@btli~hbY~t bt Pdm11# SdPbtt6 mt r~61A6t bl mt ~4drJd~g fit m~~d#11d81~dTA/ ^ dl ddifblfi db ~Jbd41~6 6Jrt~lldf f4 tNlt r~drd m~ iN4 ~h4fi~k~S bt iN@ B~It$mrf ~b~~ttfitdt ~f ^ PdBUt S~tbtt ~d ib tlk fi1Sfa~k~d tNd~dtb!! J+1tN 1N4 1dfkA2 fd tdld4l$ t@~l#64At NIfiB@U tb ~~ ~ rfi~~{d~-~ t~~~~~iX ~~) ~~ ~~t~~~ #~#XX` v~X~~-~r6t ~~Xd~$ ~~X16 ~~X~~~X~~~ ~~' t~~ ~X~~~XX ~~~~~t ~~~X~X~~ ~~ ~iX~~~X ~~ ~~~i~X~~ ~~~ ~X iK~ ~~biX~~l t~bd~~tX~d~~l ~X ~~~~X~ ~X ~~~ 9~XX~~~X ~~X~~d~d~~Xl SECTION jX 8. CAMPING, SWIMMING, PICNICKING ~~ ~~~XX ~~ ~d~-X~y~X~bX ;E~ A person commits an offense if he uses Airport premises for the purpose of camping, athletic games or contests, fishing, swimming, or hunting or picnicking unless a Permit therefor X~ has been granted by the ~~X~~~~~ ~~~~~ Executive Director. -26- 8~¢71~W 1R1 ~V1070~~t9.PWY P6~OmV~¢T70W8 9~W4~ PWICILS /ly It SNtf!! ~4 ddl~~+idC tb d2llltd dN4t0~fil~NTk b~ ~hAt61d~ ~ldt~drk 44~bl~rh~d1 !mY ' fM@ ~~d~Om6! bt ~I~tO~bFf~Rld~ 4i ~hdtlfi$ dl~t0l@ dN4t~RY~~d~ ld ~t d@0l ~dt ~~@~ dbSlgfidt@d ~6 d Y4~461~12R4d 9.~'b~Y ~1tNld iNk 9~It~brt ~6fil4Sd dddtl~ ~kl86d NAS dWt01d~44 d P@/fiJt t~Orf~ tV~ 9.Ir`d~~t 8~0~'~! fZ) It SN~~Xf ~4 dd~l~J+f~61 /b ~fi6~ 1N~ 9~If~~d~t pY~it~l$~6 !df tN~k ~5~61~~6~ ~bt ~~~ 2~~h~h4~21~1 0Y ~~l~b~t@ ~Ndt4g/~dN12f tN@dt~lk01 ~l fib~l~g ~1¢20r4 ~/Am0¢tl~d~ ~HltNddt d Pk~~h# t~mfi 2N4 Alll~0r1 B~:lld! gar a ~wau m~ ~dr~vc~t~J tm ~m~ea~s ~m~ral m~td~rm~ s~t~e~sl ~~m~ rzstl~gsl m~ tm ' sm~~~u ~~~ mxa~r am~n~n~r~Ja~ m~za m~ c~t~~~n~zrm~ e~ a~t~~mrt ~~¢firs~s ,cunm~t ~ ~~~~nz: t~m~n ~n~ ~r~~mrt ~m~fm~ SECTION X y 9. NOISE XX ~~~:XX ~~ ~b~-X~r~X~X X~~ ~~~ ~~~~~~ ~~iA person commits an offense if he knowingly makes unreasonably loud or raucous noises, considering the location, inside terminals or other Airport buildings. SECTION X$ 10. TABLES AND CHARS / 1 Except as provided in Section 4(~~ cc) of Chapter 4 of this Code of Rules and Regulations, a person commits an offense if he places or maintains a table, bench, chair, stool, easel, tripod or other item designed or adapted to serve similar purposes on Airport premises not leased to that person by the Airport Board for commercial or traveler's aid purposes. i SECTION X~ 11. FOOD, ETC. XX ~~~XX ~~ ~b>fiX~v~XI~X 1~~ di~-16 ~~t~~~ ~~ A person commits an offense if he ' distributes any food product at the Airport except from premises leased to that person by -27- 1 l the Airport Board for that purpose, or pursuant to a permit issued by the Executive Director. SECTION ~~ 12. PINS, ETC. X~ g~i~X~( ~~ i61~Xd~V~~>6~ ~~~ ~~iid ~~~~~1~ ~~,A person commits an offense if he pins, ties, or otherwise attaches any items on the clothing, luggage, body or vehicle of any person at the Airport, without such person's consent. SECTION Zl 13. OBSTRUCTION OF PASSAGE X~ ~~~~X ~~ ~d~l~:v~i~6X ~~-~ ~d->s ~~t~~~ ~~ i~~ ~trf~~~z i~ A person commits an offense if he knowingly obstructs the free passage of other persons along Airport sidewalks or into, out of, or within Airport buildings. SECTION 14. FRAUDULENT MISREPRESENTATION A person commits an offense if he fraudulently misrepresents any material t fact in making application for any permit, authorization or device issued by the Executive Director. SECTION 15. UNAUTHORIZED TRANSFER OF AUTHORIZATION A person commits an offense if he sells, conveys, grants, or transfers any decal, device or other authorization granted by the Executive Director to another person, without prior written consent of the Executive Director. SECTION 16. UNAUTHORIZED U5E OF AUTHORIZATION A person commits an offense if he possesses or controls any decal, authorization or device not issued to him by the Executive Director or which has previously been reported as lost or stolen. For the purposes of this section "decal", -28- n "authorization" or "devise" shall include, but is not limited to, any ticket issued for parking control within the Airport premises. SECTION 17. TEMPORARY OR PERMANENT RESIDENCE A person commits an offense if he resides in or upon Airport premises. As used in this section, "resides" shall mean intent to establish a temporary or permanent domicile, but shall not include any residence in any space expressly designated by the Executive Director for such purposes or any period of time during which an Airport patron awaits connecting flights for which such patron holds validly issued tickets. -29- t] 0 ~1~ CHAPTER FOUR 0 TA]CICAB RULES AND REGULATIONS -30- 1 ARTICLE I GENERAL PROVISIONS PAGE Sec. l-1 Statement of Policy ..........:.................:.................33 Sec. i-2 Authority for Enforcement ... ... ..... ... ...... .33 Sec.l-3 Definitions ......................................................33 ARTICLE II OPERATING AUTHORITY Sec.. 2-1 Operating Authority Required ......................................36 Sec. 2-2 Application for Operating Authority ................................36 Sec. 2-3 Renewal of Operating Authority .... .... .......................37 Sec. 2-4 Denial of Application for Issuance or Renewal . ......................38 Sec. 2-5 Suspension and Revocation of Operating Authority ....................38 Sec.2-6 Appeals ..... ...................................................39 Sec.2-7 Fees; Annual Issuance .............................................39 ARTICLE [II TAXICAB DRIVER'S PERMIT Sec. 3-1 Taxicab Driver's Permit . .........................................40 Sec. 3-2 Qualification for Taxicab Driver's Permit ............................41 ;~ Sec.3-3 Application ......................................................45 Sec. 3-4 Investigation of Application ... .... .45 Sec.3-5 Issuance and Denial ............... ..... .........................46 Sec. 3-6 Expiration and Voidance Upon Suspension or Revocation ' of State Driver's License .......................................... 46 Sec.3-7 Provisional Permit ............................................... 47 Sec.3-8 3-9 Sec Probationary Permit .............................................. .. . ••.. Duplicate Permit .............. • 47 48 . Sec. 3-10 • ... •..................... : Display of Permit ...... ...... .. 48 Sec. 3-11 Suspension by Designated Representative ...... ... ................. 48 Sec.3-12 . . Suspension . ~ •. ~ .• .• 49 Sec. 3-13 .... ........ ........ ........ ...... ... ..... Revocation . • 50 Sec. 3-14 Suspension or Revocation .. .......... ... Taxicab Operation After 51 Sec.3-15 Sec 3-16 Appeal ..... ........................... ...:.....~.......~..~...51 Falsification of a Permit; Transfer of a Permit 51 Sec. 3-17 Current Mailing Address of Permittee . .. .... ......... ...... Sc ,~ ARTICLE IV MISCELLANEOUS HOLDER AND DRIVER REGULATIONS Sec. 4-1 Holder's and Driver's Duty to Comply ............................ ..52 Sec. 4-2 Holder's and/or Owner's Duty to Enforce Compliance by Drivers .... .......................................53 Sec.4-3 Driver as Independent Contractor .............................. ...53 Sec.4-4 Insurance .. ...................................................54 -31- ~i Sec. 4-5 Holder's Service Responsibilities ...................................55 ARTICLE V SERVICE RULES AND REGULATIONS Sec. 5-1 Driver's Daily Manifest ...........................................56 Sec.S-2 Parking .. ........... ........................................57 Sec. 5-3 Loading and•Discharge of Passengers ................................57 Sec.S-4 Cruising the Airport .... .... ... ............................57 Sec. 5-5 Representation of Availability of Taxicab ........ .................57 Sec.S-6 Refusal to Transport Passengers ....................................57 Sec.S-7 Passenger Limitations ... ........................................58 Sec. 5-8 Carry Passenger by Direct Route ...................................58 Sec.S-9 Solicitation of Passengers ... .. ...............................58 Sec. 5-10 Regulations for Use of Taxicab Stands ............. ................58 Sec.S-li Conduct of Drivers ...............................................59 Sec.S-12 Return of Passenger's Property..... .............................60 ... Sec. 5-13 Service Regulations for Business Establishments Requesting Taxicabs for Customers .................................60 ARTICLE VI FARES Sec. 6-1 Rates of Fare; Display of Rate Card ..............::::::............61 Sec.6-2 Computation of Fares.. ... ............... ............61 Sec. 6-3 Design and Testing of Taximeters ..................................b2 Sec.6-4 Fare Collection Procedures ........................................63 ARTICLE VII VEHICLES AND EQUIPMENT Sec.7-1 Faise Representation as Taxicab ...................................64 Sec. 7-2 Vehicle Requirements and Inspections ...............................64 Sec. 7-3 Required Equipment ......... ............ ......................b5 Sec 7-4 Taxicab Decals ................................ .................66 Sec. 7-5 Off Duty Status of Ta~.icabs .... ................ .................67 ARTICLE VIII ENFORCE~'I~IENT ' Sec.8-1 Authority tolnspect .... .. ..........:•.:.:;..:.:..::.. 68 Sec. 8-2 Assistance by Airport Department of Public Safety 63 Sec 8-3 Correction Order . ..... ...... .. ..... ......... .. ... .... 68 Sec 8-4 Service of Notice .................... .... ...................... 69 Sec.8-5 Appeal. .70 Sec 8-6 Criminal Offenses ........ ...... ....... ................ ... .70 -3Z- ~~ 1 ARTICLE I GENERAL PROVISIONS SECTION 1-l. STATEMENT OF POLICY It is the policy of the Dallas/Fort Worth ~~~X~~~X International Airport Board and the cities of Dallas and Fort Worth to promote adequate and efficient taxicab service at the Dallas/Fort Worth ~¢~X~¢~l International Airport. To this end, rules and regulations for taxicab operations on the airport are developed to protect the public health and safety and to promote the public convenience and necessity. ~ SECTION 1-2. AUTHORITY FOR ENFORCEMENT ' The director of ¢¢d~~-brfi¢f ~¢¢~bX¢¢$ Transportation for the city of Dallas is designated as the administrator of the Dallas/Fort Worth b~¢~X4~~X International Airport taxicab rules and regulations. The administrator shall implement and enforce the rules and regulations and may by written order establish procedures, not inconsistent with the rules and regulations, which he determines are necessary to discharge his duty under or to effect the policy of the rules and regulations SECTION 1-3. DEFINITIONS The definition of a term in the rules and regulations applies to each grammatical variation of the term. Unless the context requires a different definition: (1) ADMINISTRATOR means the director of ¢¢d~~¢r~f1¢X ~¢I~XrX¢¢$ Transportation -33- for the city of Dallas, or .his authorized agent, with the responsibility of implementing and enforcing the Dallas/Fort Worth bt¢~Z~-~~X International Airport taxicab rules and regulations. (2) AIRPORT means the Dallas/Fort Worth b«~~~~~~ International Airport. (3) AIRPORT BOARD means the Dallas/Fort Worth )~¢g~~~i~~ International Airport Board, the governing body of the airport. (4) CENTRAL TAXICAB QUEUE means the location from which taxicabs are dispatched to specific airline terminals or other locations on the airport. (5) DRIVER means an individual who drives or operates a taxicab. (6) HOLDER means a person who is granted operating authority to provide taxicab service at the airport. (7) LEGAL RESIDENT means a citizen of the United States or a .person residing in the United States in accordance with federal immigration laws. ,~ (8) OPERATE means to drive or to be in control of a taxicab. (9) OPERATING AUTHORITY means permission granted by the administrator to operate a taxicab service at the airport. (10) OPERATOR means the driver of a taxicab, the owner of a taxicab, or the holder of a taxicab operating authority. (11) OWNER means the person to whom state license plates for a vehicle were issued. (i 2) PERSON means an individual; a corporation; a government or governmental subdivision; or an agency, trust, partnership or two or more persons having a lomt or common economic interest. (13) RULES AND REGULATIONS means the taxicab rules and regulations established under ~~¢tX~d- ~` Yx~~/¢~15 ~A~~~~~X~d~~r alt ~~-~~l`~~ ~~~` Yb~~g~dX~tX~d- ~/ ~~~~~X~~tr ~~~~ ~x ~>bX~~ ~~~ ~~~~X~~zm~~ ~t t~~ m~tz~.~l~~~t ~~~~as ~~~t~~~.t ~~t~~~~~z~a~~X IJIX~~i/i~~ ~~~~~` ~~ ~~~d-~~~. Chapter 4, "Taxicab Rules and Regulations," of the Code of -34- 1 Rules and Regulations of the Dallas/Fort Worth International Airport Board as amended. (14) SERVICE AREA means the area made up of the counties of Dallas, Tarrant, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Denton and Collin. (15) SUBCONTRACTOR means any taxicab driver who has subcontracted with a holder to provide taxicab service at the airport. (16) TAXICAB means a chauffeured motor vehicle with a rated passenger capacity of eight or less, used to transport persons for hire that typically operates on irregular .routes, irregular schedules, and a call and demand basis, but not including limousines or buss. (17) TAXICAB DRIVER'S LICENSE means a license issued to an individual by the primary city or political subdivision under which the driver is authorized to operate a taxicab. (18) TAXICAB DRIVER'S PERMIT means a permit issued to an individual by the administrator authorizing that person to operate a taxicab at the -airport. (19) TAXICAB SERVICE means a passenger transportation service operated for hire that uses taxicabs in the operation of the service and includes, but is not limited to, a facility from which the service is operated, taxicabs used in the operation, and a person who owns, controls or operates the service. (20) TAXICAB STAND means a public place reserved exclusively for use by taxicabs and includes all authorized taxicab queuing and holding areas. (21) TAXIMETER means a device that mechanically or electronically computes a fare based upon the distance traveled, the time the taxicab is engaged, and any other basis for charges which are specified in the operating authority or rate ordinance pertaining to the holder. ~/ -35- ARTICLE II OPERATING AUTHORITY SECTION 2-l. OPERATING AUTHORITY REQUIRED (1) A person may not operate a taxicab service at the airport without operating authority granted under the rules and regulations, nor may a person transport a passenger for hire at the airport by taxicab unless the person driving the taxicab or another who employs or contracts with the driver has been -granted operating authority under the rules and regulations. (2) A person shall not engage or hire a taxicab which he knows does not have operating authority or another form of permission from the administrator. (3) Operating authority may not be transferred to another unless the holder files 1 a written application for the transfer in the manner and containing the information prescribed by the administrator. (4) Subsection (1) shall not apply to a taxicab service operating at the airport for the purpose of: (a) terminating a trip that lawfully originated in another city or political subdivision; or (b) originating a trip that has been prearranged by a passenger and authorized by the administrator. SECTION 2-2. APPLICATION FOR OPERATING AUTHORITY (1) To obtain operating authority, a person shall make application to the administrator in the manner prescribed by this section. The applicant must be the person who will own, control, or operate the proposed taxicab service. An applicant shall file with the administrator a written, verified application statement containing the following: -36- u a the form of business of the a licant and if the business is a () pp corporation or association, a copy of the documents establishing the business and the name, address, and citizenship of each person with a direct interest in the business; (b) the name, address, and verified signature of the applicant; (c) the name of the city from which the taxicab company applicant is authorized to operate a taxicab service and a copy of that city's document authorizing the taxicab service; (d) the number of vehicles and description of the vehicles the applicant i proposes to use in the operation of the taxicab service; (e) a description of the proposed insignia and color scheme for the applicant's taxicabs and a description of the distinctive item of apparel or item placed on the apparel to be worn by the applicant's taxicab drivers; (f) documentary evidence from an insurance company, authorized to do business in the State of Texas indicating a willingness to provide liability insurance in the amounts specified; and (g) any additional information the administrator considers necessary to the ' implementation and enforcement of the rules and regulations or the protection of the public safety. t (2) An applicant for operating authority must be authorized to operate a taxicab service in a city whose corporate city limits or portions of the corporate city limits are ~• within the service area. (3) An applicant for taxicab operating authority shall qualify for a taxicab driver's permit in accordance with this chapter. ($4) Within a reasonable time from the date of application, the administrator shall approve or deny the application for issuance of a taxicab company operating authority. SECTION 2-3. RENEWAL OF OPERATING AUTHORITY -37- n (1) A holder shall apply for a renewal of his operating authority at least 30 days ~ before the expiration of the operating authority. (2) Within a reasonable time from the date of application, the administrator shall approve or deny the application for renewal. (3) The administrator shall renew the operating authority if he determines that the holder: (a) has performed satisfactorily under the terms of the operating authority; and (b) is in compliance with all requirements of the rules and regulations. SECTION 2-4. DENIAL OF APPLICATION FOR ISSUANCE OR RENEWAL (1) The administrator shall deny issuance or renewal of taxicab company operating authority if he finds that the applicant has: (a) failed to comply with the requirements set forth in the rules and ' regulations; (b) been either convicted twice, suspended twicer or convicted once and suspended once, for a violation of the rules and regulations within the preceding two years; (c) made a false statement as to a material matter in the application for operating author ity; ~ (d) been convicted for a violation of another city, state, or federal law which indicates lack of fitness of the applicant to perform a public transportation service; or (e) had his taxicab operating authority revoked within the preceding two years. SECTION 2-5. SUSPENSION AND REVOCATION OF OPERATING AUTHORITY ' -38- (1) The administrator may suspend or revoke taxicab company operating ' authority if he determines that the holder has: (a) made a false statement as to a material matter in the application for operating authority; (b) failed to comply with provisions of the rules and regulations or orders established under the rules and regulations; (c) failed to comply with conditions set forth in the operating authority; or (d) been finally convicted for a violation of another city, state, or federal law which indicates lack of fitness of the holder to perform a public transportation service. (2} The administrator may suspend a holder's operating authority for a period not to exceed 60 days. At the end of the suspension period, the holder may file with the administrator a written request for reinstatement of operating authority. The administrator shall inspect the operation of the suspended holder to determine if the deficiency causing the suspension has been corrected by the holder. After inspection, the administrator may approve or deny reinstatement of the operating authority. ' (3) A holder whose operating authority has been revoked shall not reapply for operating authority before the expiration of 24 months from the date of revocation or, in the case of an appeal, the date the appeal hearing officer affirms the revocation. SECTION 2-6. APPEALS The denial of an application for issuance or renewal of taxicab company operating authority or a suspension or revocation of taxicab company operating authority may be appealed by the applicant or holder in accordance with Section 8-5 of these rules and regulations. SECTION 2-7. FEES; ANNUAL ISSUANCE -39- i {1) The annual fee for taxicab company operating authority ~'~ $~~~ ~Xlb~ $~~ ~~~ ~~!¢~i ~~.;tZ~~J6 ~16~f ~~~~1 will be in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. The fee shall be paid to the administrator before the operating authority is issued. (2) Taxicab company operating authority may be issued for a period not to exceed one year and shall expire on December 31 of each year unless otherwise designated in the operating authority. If the operating authority is issued for a period less than one year, the fee shall be prorated on the basis of whole months. (3) If operating authority is amended to increase the number of taxicabs operated by a holder, the holder shall pay to the administrator an additional $~~ fee, in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended, for each taxicab added. (4) Each taxicab driver under a holder's operating authority who remains at the airport for 30 minutes or longer or who is dispatched from the central taxicab queue by the administrator shall pay a fee ~~ $,1/~$ in accordance with the Dallas/Fort Worth International Air ort Board Schedule of Char es, as amended, in a manner prescribed by the administrator. ' ARTICLE III TAXICAB DRIVER'S PERMIT SECTION 3-1. TAXICAB DRIVER'S PERMIT (1) A person commits an offense if he ~//~G~$ o ep rates a taxicab inside the airport without a valid taxicab driver's permit issued to him under this article, unless he is: (a) terminating a trip that lawfully originated in another city or political subdivision; or < {b) originating a trip that has been prearranged by a passenger and 1 -40- authorized by the administrator. (2) A holder may not employ or subcontract with a driver or otherwise allow a person to drive for hire a taxicab owned, controlled, or operated by the holder unless the ' person has a valid taxicab driver's permit issued to him under this article. SECTION 3-2. QUALIFICATION FOR TAXICAB DRIVER'S PERMIT (1) To qualify for a taxicab driver's permit, an applicant must: (a) be at least 19 years of age; ' (b) be a legal resident of the United States; (c) hold a valid ¢~i~~i~~¢~i¢J$ driver's license issued by the State of Texas and classified to permit the applicant to operate a taxicab; ' (d) be able to communicate in the English language; (e) not be afflicted with a physical or mental disease or disability that is likely to prevent him from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety; (f) not have been convicted of more than four moving traffic violations arising out of separate transactions, or involved in more than two automobile accidents in which it could be reasonably determined that he was at fault, within any 12-month period during the preceding 36 months; (g) not be under indictment or have been convicted 1¢~' ~ ¢~X-ti¢ Xi~~¢J~GX¢~ ~~~~~~1 t~~xtl ~~~~X~~~bl ~~~~~~~1 ~~~~~~~~61X~d~l ~~~~~tX,~d~ ~J ~~~~~1t~b~X~~~l ~~6~XX¢ X~v~~d~~~~l ' ~ ~~~t~6~X ~~t~d~~~l ~~ ~ ~f~g ~~X~t~~ ~~~~~~~1 ~bd~J~~~ ~X~~ ~~~~~ ~~~ ~J~~~~~ ~Xd~~~ ~~~ ~~~~ ,~~ ~~~~X¢iX,~d~ ~~ ft~~ ~~~~ ~~ ~~~~~~~ ~~~~ ¢~d~tX~~~~~~ Xfi~~~~~ ~~~ i~~ ¢~d~~X~~X~V~I 1 ~V~X¢~¢~'¢-~ X~ 1~¢ l~~¢~ ¢~J¢l of a crime: QTY ~~i ~~~~ ~~~~ ¢~d~~X¢t~~ ~~` ~~ ~X~¢~~~g~~ ~~ ~~~f6~~X~d~ ,~~ ~~x~~~~~ ~~~~b~~¢~zX~d~ t~~l ~~X~Xd~~ v~~XX~ Xd~~~~X¢~t~~l t~7 ~Xt~Xd~ ~~~ ~~~¢~~Xd~g ~~ ~~~~d~~l ~~ -' -41- 1 i! U ~l J ~~X fi~X~ X~#d- ~d-~ ~tX~fi~ ~XtV~X~ i~-~ ~~~~~~X~~ ~ ~~#~~t tXr ~~~ ~~~~ ~rX~X~~r ~~~~g~~ ~~V~~Xd~ ~~~ ~~ ~~~~~~~ ~~~ ~fX~bX~-g v~~-XX~ X~X~~X~~X~~l t1~ d~~t ~~ ~~~X~t~~ t~ X~~ ~#~ ~X ~X~~V~~X ~~ d-~~~~tX~~t ~ ~~ ~~b~1~~t t~ ~-~ ~~t~t~~-~X~+~ v~~f~#~i~ ~f ~.~f~~Xi ~lXl~ ~~ ~~d-XX~-~~6 ~~~ v~~XX~gt~~~~~ X~ ~~~~~ ~.~~ ~~~#~~t l~) ~~ ~bd~~~ ~~~t~~.~z t~ ~t ~fi~X~~6~~ ~~ ~ ~~X~~~l ~~-~ ~~ XX~~~~~~ ~~ ~~~fiXtt~~ ~~ ~ t~#X~~.~ ~tX~~~ ~~ ~~~X~-~~ ~XXIb ~~ ~~XXtX~~X #>~~~X~bX#X~~i ~.~~ ~~r V-~~d~ ~r6~~~~~t~6XX~ ~~~h~X~X~~ v~XXV~X~ ~~~ ~~~~~~Xd-~ Xz ~~~~~~ ~ d~X~~#X~~ ~tX~X~-g ~~~~~~ ~~~~~~~~ ~~' t~~ 4~#Xl~~-~X S~.t~X~6 ~~~~~XX ~:~~ ~~ ~~X~ Z~ ~f~~~~X ~f~~X ~X ~~fi~X~#X~~t ~~) ~~ ~.~ ~~~XXX~~#X ~~d~.XXXX~~.XX~~-l t~-~ ~~+~X~X~X~~t~~ ~#~ ~d~Xt~~~t-X~ t~~r~Xd~ ~~~XX~~~X~ t~ ~~~~ ~~ ~#~~fiX~~XX~~- $X~d~~- ~~ t~-~ ~4~fiX~-X#Xf~t~~ X~~X t~~X~ ~/~ ~~I~XX~~~XI~ l~~~v~X~~~~ ~X ~~~XtX~ X~v~~X ~ ~~X~~~1# ~~XX~~ ~~~~~ X~~ ~16X~~ ~~~ ~~$~X~tX~d~~l ~~ X~~ g~~gt~~p~~ ~x X~~ ~XZX~~ ~~ ~~~~tX~~ ~~tt~~i>X-~X~~ X~~ ~Xt~~tXt (A) involving: (i) criminal homrcide as defined in Chapter 19 of the Texas ' Penal Code; Code; (ii) kidnapping as defined in Chapter 20 of the Texas Penal (iii) . .a " sexual offense as defined in Chapter 21 of the Texas Penal Code; (iv) an assaultive offense as defined in Chapter 22 of the Texas Penal Code;, Code; (v) robber as defined in Chapter 29 of the Texas Penal -42- 1 u (vi) burglary as defined in Cha ter 30 of the Texas Penal Code, except burglary of acoin-operated machine; (vii theft as defined in Chapter 31 of the Texas Penal Code, except theft of service, theft of trade secrets, tampering with identification numbers, unauthorized use of a television decoding and interception device, and manufacture, sale, or distribution of a television decoding and interception device; (viii)fraud as defined in Cha ter 32 of the Texas Penal Code, ' but only if the offense was committed against a person with whom the applicant came in contact because of his occupation as a taxicab. operator; (ix) tampering with a governmental record as defined in Chapter 37 of the Texas Penal Code; (x) public indecency (prostitution or obscenity) as defined in Chapter 43 of the Texas Penal Code; (xi) the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code; 1 (xii)a violation of the Dangerous Dru s Act (Article 4476-14, Vernon's Texas Civil Statutes); (xiii)a violation of the Controlled Substances Act (Article 4476- ' 15, Vernon's Texas Civil Statutes); or (xiv)criminal attempt to commit a_.Y of the offenses listed in Subdivision (g) {A) (i)-(xiii) of this subsection; (B) for which: ' (i) less than two years have- elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense; (ii) less than five years have elapsed since the date of -43- conviction or date of release from confinement for the conviction wht Never i c s the later 1 date, if the applicant was convicted of a felony offense; or (iii less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is ' the later date, if, within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses; (h) not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated: (A) within the preceding 12 months; or (B) more than one time within the preceding 7 years; (i) not have criminal charges pending for an offense for driving while intoxicated; not be addicted to the use of alcohol or narcotics; (k) be subject to no outstanding warrants of arrest; (1) be sanitary and well-groomed in dress and person; (m) be em to ed b or contractin with the holder of o eratin authorit for the taxicab which the driver is operating; and (n) have successfully completed within the preceding 12 months a defensive driving course approved by the National Safety Council and be able to present proof of completion. (2) An applicant who has been convicted of an offense listed in Subsection (1) (g) or (h), for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a taxicab ' driver's permit only if the administrator determines that the applicant is presently fit to engage in the occupation of a taxicab driver. In determining present fitness under this section, the administrator shall consider the following: (a) the extent and nature of the applicant's past criminal activity; -44- u (b) the age of the applicant at the time of the commission of the crime; (c) the amount of time that has elapsed since the applicant's last criminal activity; (d) the conduct and work activity of the applicant prior to and following the criminal activity; (e) evidence of the applicant's rehabilitation or rehabilitative efforts while incarcerated or following. release; and (f) other evidence of the applicant's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other .persons in contact with the applicant. (3) It is the responsibility of the applicant,. to the extent possible, to secure and provide to the administrator the evidence required to determine present fitness under Subsection (2) of this section and under Section 3.8 (1) of this article. (4) As an additional qualification for a taxicab driver's permit, the administrator may uniform_y .require applicants to pass an examination given by the administrator that tests the applicant's knowledge of traffic laws, a driver's duties under the rules and regulations, and the geography of the cities or counties surrounding the airport. SECTION 3-3. APPLICATION To obtain a taxicab driver's permit or renewal of a taxicab driver's permit, a person must file a completed written application with the administrator on a form provided for the purpose. The administrator shall require each application to state any information he considers necessary to determine whether an applicant is qualified. SECTION 3-4. INVESTIGATION OF APPLICATION -45- i (1) For the purpose of determining qualification under Section 3-2 (1)(e), the ' administrator may require an applicant to submit to a physical examination at applicant's expense conducted by a licensed physician and to furnish to the administrator a ;' statement which certifies that the physician has examined the applicant and that in the physician's professional opinion the applicant is qualified under Section 3-2 (lxe). (2) The administrator may conduct any other investigation he considers necessary to determine whether an applicant for a taxicab driver's permit is qualified. SECTION 3-5. ISSUANCE AND DENIAL (1) If the administrator determines that an applicant is qualified, he shall issue a permit to the applicant. ~' (2) The administrator may deny the application for a taxicab driver's permit if the applicant: (a) is not qualified under Section 3-2; (b) refuses to submit to or does not pass a medical or written examination ~~ authorized under Section 3-2 or Section 3-4; or ~` (c) makes a false statement of a material fact in his application for a taxicab driver's permit. (3) If the administrator determines that a permit should be denied the applicant, the administrator shall notify the applicant in writing that his application is denied and include in the notice the reason for dental and a statement informing the applicant of his right of appeal. '~ SECTION 3-6. EXPIRATION AND VOIDANCE UPON SUSPENSION OR REVOCATION OF STATE ~l{{yli,U~~~1JJ~J~ DRIVER'S LICENSE Except in the case of probationary and provisional permits, a taxicab driver's permit expires two years from the date of issue ¢~- ~~¢ ~~~¢ ~¢i~.~ ;f¢i¢ ~¢~-~ij~~¢¢J~ ~J~1¢ ¢~~tb~~¢t~~`/~ KX¢¢d~~¢ ~~;bX~~~. If a permittee's state ¢~i#¢~1¢ib-~J~ driver's license is -46- suspended or revoked by the. state, his taxicab driver's permit automatically becomes void. A permittee shall notify the administrator within three days of a suspension or revocation of his ~V-#~6~t~~btJ~ driver's license by the state and shall immediately surrender his taxicab driver's permit to the administrator. SECTION 3-7. PROVISIONAL PERMIT (1) The administrator may issue a provisional taxicab driver's permit if he determines that: (a) the number of taxicab drivers is inadequate to meet the airport's need for taxicab service, in which case he may issue the number necessary to meet the need; or (b) it is necessary pending completion of investigation of an applicant for a taxicab driver's permit. (2) A provisional taxicab driver's permit expires 45 days from the date of issuance, or upon the applicant's being denied a taxicab driver's :permit, whichever occurs first. (3) The administrator may issue a provisional permit to a person holding a state operator's license in accordance with Article 6687b, Section 5(b), Vernon's Texas Civil Statutes. SECTION 3-8. PROBATIONARY PERMIT ~X~ X~ ~~ ~~~~~~~~t ~~ ~~~ ~(~1~'~~~11~~ ~~~ ~~lC~~~~ ~1It~~~~'G~ lD~~~~~ ~iQ~~~ ~$~t~~~ $~~ ~~t ~~ ~~~a~~~~~ ~~a~~k ~t#t~ X~~ ~~ ~~ tb~ ~~~X~~~~t ~~a~~ #~a ~~~~~~t~~~b~a ~~~~~~~~C~ -b~t t~ ~#~~~~ ~~~ ~~~~~ C~a Xb~ #~rk~~~b~~t~~~~k ~#~C ~~~~~~~~~ ~~~~~~~~~t~ t~k~c-~ #~o~ ~~~~~t~~~~ t1u~t b~ m~t~~~~~~~ ~~~ ~a~~~~~~~~ ~~~ ~ ~~~~~t~~~~~~ ~~~~~~m ~~~~~~~ ~~~~~ta -47- 1 The administrator ma issue a robationar taxicab driver's ermit to an O Y P Y P applicant who is not qualified for a taxicab driver's permit under Section 3-2 if the applicant: (a) could qualify under Section 3-2 for a taxicab driver's .per-mit within one ,~ dear from the date of application; (b) holds a valid state driver's license or occupational driver's .license; and ;~ (c) is determined by the administrator, using the criteria .listed in Section 3-2(2) of this article, to be presently fit to engage in the occupation of a taxicab driver. (2) A probationary driver's, permit may be issued for a period not to .exceed one year. (3) The administrator may prescribe appropriate terms and conditions for a probationary taxicab driver's permit as he determines are necessary. SECTION 3-9. DUPLICATE PERMIT If a taxicab driver's permit is lost or destroyed, the administrator shall issue the permittee a duplicate permit upon receiving payment of a duplicate permit fee ~~ $~ in accordance with the Dallas/Fort Worth International Airport Board schedule of charges, as amended. SECTION 3-10. DISPLAY OF PERMIT A taxicab driver shall at all times conspicuously display his taxicab driver's permit on the clothing of his upper body, except that when the taxicab driver is inside the D taxicab, the taxicab driver's permit may be displayed in a manner and location approved by the administrator. A taxicab driver shall allow the administrator or a peace officer to examine his taxicab driver's permit upon request. SECTION 3-11. SUSPENSION BY DESIGNATED REPRESENTATIVE ' -48- u (1) If a representative designated by the administrator to enforce the rules and regulations determines that a permittee has failed to comply with the rules and regulations (except Section 3-2), the representative may suspend the taxicab driver's permit for a period of time not to exceed 30 days by personally serving the permittee with a written notice of the suspension. The written notice must include the reason for suspension, the date the suspension begins, the duration of the suspension, and a statement informing the permittee of his right of appeal. (2) A suspension under this section may be appealed to the administrator if the permittee requests an appeal at the time the permittee receives notice of the .suspension. When an appeal is requested, the suspension may not take effect until a hearing is provided by the administrator. (3) The administrator may order an expedited hearing under this section, to be held as soon as possible after the permittee requests an appeal. The administrator may affirm, reverse, or modify the order of the representative. The decision of the administrator is final. SECTION 3-12. SUSPENSION (1) If the administrator determines that a permittee has failed to comply with ~~ the rules and regulations (except Section 3-2), the' administrator may suspend the taxicab driver's permit for a definite period of time not to exceed six months. (2) If at any time the administrator determines that a .permittee is not qualified under Section 3-2, the administrator shall suspend the taxicab driver's permit until the administrator determines that the permittee is qualified. A driver shall provide the administrator with necessary information or proof of his qualifications upon request (3) A permittee whose taxicab driver's permit is suspended shall not originate a taxicab trip at the airport during the period of suspension. The administrator may also order that the permittee not terminate trips at the airport during the period of -49- suspension. (4) The administrator shall notify the permittee in writing of a suspension under this section. The notice shall include: (a) the reason for the suspension; (b) the date the administrator orders the suspension to begin; (c) the duration of suspension or if it is under Subsection (2); and (d) a statement informing the permittee of his right of appeal. (5) The .period of suspension begins on the date specified by the administrator, or in the case of an appeal, on the date ordered by the appeal hearing officer. SECTION 3-l~. REVOCATION (1) The administrator may revoke a taxicab driver's permit if the administrator determines that the permittee: (a) operated a taxicab inside the airport during a period in which his taxicab driver's permit was suspended; (b) made a false statement of a material fact in his application for a taxicab driver's permit; (c) engaged in conduct that constitutes a ground for suspension under ~~ Section 3-12 (1) and received either a suspension in excess of 10 days or a conviction for A. violation of the rules and regulations, two times within the 12-month period preceding the conduct or three times within the 24-month period preceding the conduct; (d) engaged in conduct that could reasonably be determined to be detrimental to the public safety.; or ~~ (e) failed to comply with a condition of a probationary permit. (2) A person whose taxicab driver's permit is revoked shall not: (a) apply for another taxicab driver's permit before the expiration of 24 months from the date the administrator revokes the permit or, in the case of an appeal, -50- 1 the date the appeal hearing officer affirms the revocation; or ' (b) operate a taxicab at the airport. ~ (3) The administrator shall notify the permittee in writing of a revocation. The notice shall include: (a) the reason for the revocation; (b) the date the administrator orders the revocation; and (c) a statement informing the permittee of his right of appeal. SECTION 3-14. TAXICAB OPERATION AFTER SUSPENSION OR REVOCATION (1) After receiving notice of suspension or revocation, the permittee shall, on the date specified in the notice, surrender his taxicab driver's permit to the administrator and discontinue operating a taxicab at the airport. (2) Notwithstanding Subsection (1), if the permittee appeals the suspension or revocation under this section, he may continue to drive a taxicab at the airport pending the appeal unless: (a) the permittee is unqualified under Section 3=2; or (b) the administrator determines that continued operation by the permittee would impose an unreasonable threat to public safety. SECTION 3-15. APPEAL ~. The denial of an application for issuance or renewal of a taxicab driver's permit, a suspension of a taxicab driver's permit under Section 3-12, or a revocation of a taxicab driver's permit may be appealed by the applicant or permittee in accordance with Section 8-5 of these rules and regulations. SECTION 3-16. FALSIFICATION OF A PERMIT; TRANSFER OF A PERMIT -51- ns if he: (i) A person commits an offe e (a) forges, alters, or counterfeits a taxicab driver's .permit, badge, ~~X¢.~E~~decal, ticket, or emblem required by the rules and regulatians or other applicable law; or t~ (b) possesess a forged, altered, or counterfeited taxicab driver's permit, badge, ~~j¢~k~;+decal, ticket or emblem required by the rules and regulations or other applicable law; or (c) possesses more than one taxicab driver's permit badge, decal, ticket or emblem required by the rules and regulations or other applicable law. (2) A taxicab driver's permit, badge, ~~X¢yE¢~decal, ticket, or emblem assigned to one person is not transferable to another without the consent of the administrator. SECTION 3-17, CURRENT MAILING ADDRESS OF PERMITTEE An individual issued a taxicab driver's permit shall maintain a current mailing address on file with the administrator. The permittee shall notify the administrator of any change in this mailing address within five business days of the change. ARTICLE IV MISCELLANEOUS HOLDER AND DRIVER REGULATIONS SECTION 4-1. HOLDER'S AND DRIVER'S DUTY TO COMPLY (1) Holder. In the operation of a taxicab service, a holder shall comply with the terms and conditions of the holder's operating authority, lawful orders of the administrator, and, except to the extent expressly provided otherwise by the operating authority, the rules and regulations, and other laws applicable to the operation of a ,~ taxicab service. -52- 1 (2) Driver. While operating a taxicab at the airport, a driver shall comply with the. rules and regulations, other laws applicable to the operation of a motor vehicle in this state, lawful orders of the administrator, and orders issued by the holder employing or subcontracting with the driver in connection with the holder's discharge of its duty under its operating authority and the rules and regulations. SECTION 4-2. HOLDER'S AND/OR OWNER'S DUTY TO ENFORCECOMPLIANCE BY DRIVERS (1) A holder and/or owner shall establish policy and take action to discourage, prevent, or correct violations of the rules and regulations by drivers who are employed by or subcontracting with the holder. (2) A holder and/or owner shall maintain a record of the driver of each taxicab controlled by the holder. The record shall include name, date and time the driver operated the taxicab. Holder shall provide the administrator with this information upon re ,quest. (~3) A holder shall not permit a driver who is employed by or subcontracting with the holder to operate a taxicab if the holder knows or has reasonable cause to suspect that the driver has failed to comply with the rules and regulations or other applicable law. SECTION 4-3. DRIVER AS INDEPENDENT CONTRACTOR (1) A holder may subcontract with a driver on an independent-contractor basis, but only if the contract: (a) provides that the holder shall indemnify the airport and the cities of Dallas and Fort Worth and hold them harmless for a claim or cause of action against the airport and the cities of Dallas and Fort Worth arising from conduct of the driver; (b) provides that the driver is insured under limits specified by the rules and regulations, and I~ -53- ,~ m 1 wi h 1 n (c) imposes a condition that the driver must co p y t the ru es a d regulations and provides that failure to comply may be considered by the holder as a material breach of contract. (2) The form of the contract between a holder and a driver shall be subject to approval by the administrator. The administrator may disapprove a contract form if he determines that the contract is inconsistent with the rules and regulations or other applicable law. A holder may not use. a contract that has been disapproved by the administrator. (3) A holder shall notify the administrator of the termination of a subcontract agreement with a driver within five business days after termination. SECTION 4-4. INSURANCE (1) A holder shall maintain in force during the authorized period of its operating authority an amount and character of insurance coverage for all motor vehicles used in its taxicab service which is not less than that specified by the Texas Railroad Commission for vehicles of comparable size. Operating authority will not be granted or renewed, unless the applicant or holder furnishes the administrator with all proof of insurance the administrator considers necessary to determine whether the applicant or holder is adequately insured under this section. (2) Except for self-insurance, insurance required under this section must: (a) be carried with an insurance company authorized to do business in the State of Texas; (b) name as insureds the Dallas/Fort Worth ~~~X~d~~p International Airport and the cities of Dallas and Fort Worth; and (c) include a cancellation rider under which the insurance company is required to notify the administrator in writing not fewer than 30 days before cancelling or making a material change to the insurance policy. -54- 1 (3) A holder may be self-insured in the manner prescribed by the Texas Safety- Responsibility Act if the administrator determines that the holder can furnish .protection of the same character and amount as if the insurance were carried by an insurance company. In considering authorization of self-insurance, the administrator shall consider the financial fitness and the past record of management responsibility of the holder and may establish maximum coverage limits for which the holder may self-insure. If at any time the administrator determines that aself-insured holder is unable. to provide adequate self-insurance, the administrator by written notice shall order the holder to acquire insurance from an insurance company, and the holder shall comply with the order not more than 30 days after the notice is served. (4) A copy of documents establishing compliance with insurance requirements shall be on file with the administrator at all times. Failure to maintain minimum insurance standards shall result in the immediate suspension. of holder's. operating authority. If operating authority is suspended for failure to maintain insurance, it may not be reinstated until satisfactory proof of insurance meeting minimum requirements is submitted to and confirmed by the administrator. The fee for reinstatement of operating authority after a suspension under this subsection j~ $~~~ will be in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. SECTION 4-5. HOLDER'S SERVICE RESPONSIBILITIES (1) A holder shall. provide taxicab service for passengers at the airport in accordance with service levels and standards approved by the administrator, the Airport Board and the cities of Dallas and Fort Worth. (2) A holder shall provide and maintain a fleet of taxicab vehicles of sufficient number to provide adequate service to meet the normal levels of demand at the airport and extraordinary levels of demand resulting from conventions, holidays, or other periods of high traffic. ' -55- (3) A holder shall cooperate with the administrator in all phases of taxi operations to provide prompt, efficient, and economical service and shall respond promptly to specific requests by the administrator for taxicab service during periods of shortage. (4) A holder shall provide taxicab service promptly, upon demand, to any patron of the airport and' to any location in the service area. ARTICLE V SERVICE RULES AND REGULATIONS SECTION 5-1. DRIVER'S DAILY MANIFEST (1) Each driver permitted to originate taxicab trips at the airport shall document airport trips on a daily manifest X~4~t~lf¢~ X6;6 ;t~l¢ ~jX;i ~¢ ~~XXXX~~X ~~~~1>bl~X~~ X~~~ y6~,j~~h ~~ l~ XX~~~-~~~• The record of trips originating at the airport shall include: (a) taxicab number, driver's name, date, hours of operation, meter number, total miles, paid miles, units, trips, and extras; (b) time, place, origin, and destination of each trip; (c) number of passengers and amount of fare and other charges; and (d) other information required by the administrator to aid in the discharge of his duties. (2) Each driver shall complete a manifest on a separate form for each tour of duty. The driver shall provide the information required by the form and shall record the N information with regard to trips at the end of each trip. The driver shall return completed manifest forms on a regular schedule to the holder under whose authority he is operating. A driver shall provide a copy of his daily manifest to the administrator upon request. -Sb- 1 SECTION 5-2. PARKING A driver shall park only on designated taxicab stands while serving the airport. SECTION 5-3v LOADING AND DISCHARGE OF PASSENGERS (1) A driver shall load passengers and baggage into a taxicab only at designated loading areas. (2) A driver shall use the lower level at terminals to discharge passengers, except when increased hardship would result to a passenger afflicted with a physical or mental disability. SECTION 5-4. CRUISING THE AIRPORT A driver shall not cruise the airport. A driver is "cruising" anytime that he drives a taxicab within 1000 feet of a terminal or a hotel on the airport without: (1) a passenger to be discharged at the terminal or hotel; or (2) trip authorization by the administrator; (3) leaving the airport by the most direct route; or (4) driving to the central taxicab queue by the most direct 'route. SECTION 5-5. REPRESENTATION OF AVAILABILITY OF TAXICAB A driver may not represent that his taxicab is engaged when it is in fact vacant. A driver may not represent that his taxicab is vacant when it is in fact engaged. SECTION 5-6. REFUSAL TO TRANSPORT PASSENGERS While operating a taxicab a driver shall not refuse to transport a person who requests service unless: (1) the person is disorderly; i -57- ~. (2) the driver is engaged in answering a previous request for service; (3) the driver has reason to believe that the person is engaged in unlawful conduct; or (4) the driver is in fear of his personal safety. SECTION 5-7. PASSENGER LIMITATIONS (1) While operating a taxicab, a driver may carry only a person who is a paying passenger, unless the person is an employee of the taxicab service that employs or contracts with 'the driver or a governmental inspector acting in an official capacity. (2) A driver may not carry at the same time a number of passengers exceeding the designated seating capacity of the taxicab. SECTION 5-8. CARRY PASSENGERS BY DIRECT ROUTE A driver shall carry a passenger to his destination by the most direct and expeditious route available unless otherwise directed by the passenger. SECTION 5-9. SOLICITATION OF PASSENGERS A driver may not solicit passengers: (1) from a location more than 25 feet from his taxicab; (2) in a way that annoys or obstructs the movement of a person; or (3) by paying an employee of another business to solicit passengers for or give preferential treatment in directing passengers to the driver's taxicab. SECTION 5-10. REGULATIONS FOR USE OF TAXICAB STANDS (1) While ~b~j~g ~ ~#~X~~~ #Z~i~~operating a taxicab, a driver shall not: (a) go beyond 25 feet of his taxicab except to assist a passenger as is reasonably necessary after being engaged; -58- 1 ~_ (b) interfere with the orderly progression of taxicabs from the rear to the '~ front of the taxicab stand; (c) .perform or allow to be performed repairs or maintenance on a taxicab while parked on the taxicab stand; (d) assign or sell his position in a taxicab stand to another; (e) interfere with a taxicab entering a stand on which there is a vacant space; (f) engage a passenger without first progressing from the rear to the front of the taxicab stand unless otherwise instructed to do so by the administrator; or (g) deposit any bottle, can, trash, debris, junk, or ather object on or around a taxicab stand except in an authorized trash receptacle. (2) A person shall not park a taxicab on a taxicab stand unless the taxicab is for hire. (3) A taxicab left unattended in violation of Subsection (1)(a) of this section is illegally parked and may be removed from the taxicab stand and impounded. SECTION 5-11. CONDUCT OF DRIVERS A driver shall: j (1) conduct himself in a reasonable, prudent and courteous manner; (2) maintain a sanitary and well-groomed appearance; (3) not respond to a dispatched call assigned to another driver; ' (4) not consume: 1. any alcoholic beverage, 2• anY drug, or 3• any other substances which could adversely affect his ability to drive a motor vehicle; (5) not monitor the radio frequency of a taxicab company other than his own nor respond to a call for service dispatched by another company;. (6) not possess a radio equipped to receive the frequency of a taxicab company other than his own; -59- 7 not interfere with the administrator in the performance of his .duties; () (8) not gather, congregate, or otherwise obstruct entrances or passageways of any terminal, hotel, or other airport building in a manner that annoys or impedes the movement of a person; and (9) comply with lawful. orders of the administrator issued in the :performance of his duties. .SECTION 5-12. RETURN OF PASSENGER'S PROPERTY Upon finding property in a taxicab left by a passenger, the. driver shall immediately ,return the property to the owner. If the driver is unable to locate the owner or if the driver does .not know the identity or whereabouts of the owner, the driver shall, within a reasonable time, deliver the property to the administrator. SECTION 5-13. SERVICE REGULATIONS FOR BUSINESS ESTABLISHMENTS REQUESTING TAXICABS FOR CUSTOMERS (1) An employee of a business establishment, other than a taxicab service, who acts as an agent in obtaining taxicab service for prospective taxicab passengers shall not: (a) solicit or accept payment from a driver in return for giving preferential treatment in directing passengers to a driver's taxicab; or (b) interfere with the orderly progression of taxicabs from the rear to the front of a taxicab stand. ARTiCLE VI FARES -60- SECTION 6-1. RATES OF FARE; DISPLAY OF RATE CARD (1) A driver, holder, or owner shall not charge a fare for operating a taxicab at the airport that is inconsistent with the rates authorized by the city of Dallas. (2) A driver, holder, or owner shall display a printed card or sticker containing the approved airport rates of fare. The form, content and location of-the card or sticker are subject to approval by the administrator. SECTION 6-2. COMPUTATION OF FARES (1) Each taxicab shall be equipped with a taximeter. A driver, holder,. or owner shall charge only a fee as computed by the taximeter unless otherwise authorized by this section. (2) A driver, holder, or owner shall charge the following incentive fares: (a) a $5 charge for each terminal transfer, which is a taxicab trip that both originates and terminates at the airport without requiring exiting from the airport toll ^ booths; (b) a $10 minimum charge each time a taxicab trip requires exiting from the airport toll booths; and (c) a $3 charge for each trip, other than a terminal transfer, originating. at the airport between midnight and 6 a:m. (3) A driver, holder, or owner shall charge $20 ($23 between midnight and 6 a.m.) or the metered rate plus. extras, lawful tolls, and incentive fares, whichever amount is less, for a trip that: (a) originates at the airport and terminates at a location: (A) in the Dallas central business district; (B) within 1000 feet of the Dallas central business district boundaries; or (C) within 1000 feet of routes between the airport and the ' -61- a Dallas central business district to be designated by the administrator; or (b) originates at a location described in Subsection 3(a) and terminates at the airport. (4) A driver, holder, or owner shall charge $22 ($25 between midnight and 6 a.m.) ' or the metered rate plus extras, lawful tolls, and incentive fares, whichever amount is less, for a trip that: (a) originates at the airport and terminates at a location: (A) in the Fort Worth central business district; (B) within 1000 feet of the Fort Worth central business district boundaries; or (C) within 1000 feet of routes between the airport and the Fort Worth central business district to be designated by the administrator; or (b) originates at a location described in Subsection 4(a) and terminates at the airport. (5) For the purpose of this section, central business district means: (a) for the city of Dallas, the area bounded by Woodall Rodgers Freeway on the north, Central Expressway on the east, R.L. Thornton Freeway on the south, and Stemmons Freeway on the west; and (b) for the city of Fort Worth, the area bounded by Belknap Street on the north, Interstate 35 on the east, Interstate 30 on the south, and Summit Avenue on the west. SECTION '6-3. DESIGN AND TESTING OF TAXIMETERS (1) A taximeter must accurately register in legible figures total miles, paid miles, number of fare units, number of trips, extras, and total fare for a trip. Figures denoting the fare must be illuminated when the meter is activated. Meter must be ' mounted in a conspicuous location approved by the administrator. ' -62- (2) A taximeter must be equipped to indicate whether the taxicab- is engaged or vacant with stamper-proof system connecting the taximeter to a light on top of the taxicab that, when lighted, is visible from all directions. The system must be designed so that the li ht is automatically illuminated while the taximeter is registering a fare. g ' (3) If the taximeter employs a flag, the flag must project above the dashboard so as to be easily seen from outside the taxicab when in the non-earning position. '' (4) The taximeter or its drive system must be sealed at all points at which components, if manipulated, could affect the function or accuracy of the taximeter. ' (5) The design of a taximeter is subject to approval by the administrator to assure that it complies with this section. (6) Each taximeter shall be maintained in good operating condition and be tested and sealed at least once each year to assure compliance with weights and measures laws. (7) The administrator may order a taximeter to be tested at any time, and a 1 holder, owner, or driver of a taxicab shall make the taxicab available for taximeter ' testing when so ordered. (8) The holder, owner, or driver of a taxicab shall be responsible for paying the cost of testing a taximeter. SECTION 6-4. FARE COLLECTION PROCEDURES (1) Before changing the taximeter to indicate that the taxicab is vacant, a driver shall call the attention of the passenger to the amount of fare registered on the taximeter. (2) Upon request by a person paving a fare, a driver shall give the person a legible receipt showing: ~' {a) the name of the holder under whose authority the taxicab is operated; (b) the taxicab number; (c) the itemized list of charges; ' -63- (d) the total amount of fare paid; ' (e) the date of payment; and (f) the driver's signature. ' (3) A holder shall provide each driver operating a taxicab under 'its authority with ,~ printed receipt forms adequate for providing the information required. in Subsection (2). ARTICLE VII VEHICLES AND EQUIPMENT SECTION 7-1. FALSE REPRESENTATION AS TAXICAB 1 A person commits an offense if he: (l) represents that a vehicle is a taxicab if the vehicle is not in fact a taxicab authorized to operate at the airport; (2) operates a vehicle at the airport that is not a taxicab if the vehicle is marked, painted or equipped in a way that is likely to result in mistaking the vehicle for a taxicab; or (3) solicits or attempts to solicit passengers unless he is operating a taxicab authorized to serve the airport. SECTION 7-2. VEHICLE REQUIREMENTS AND INSPECTIONS (1) All taxicabs serving the airport shall comply with city of Dallas taxicab standards concerning condition, age, equipment, signs, and markings. (2) The administrator shall inspect each taxicab, for compliance with the rules and regulations before it is placed in service and at other times determined necessary by the administrator. ' (3) A holder, owner, or driver shall make a taxicab available for inspection when ordered by the administrator.. ' -64- (4) If a holder, owner, or driver fails to make a taxicab available for inspection or if the administrator determines that a taxicab is not in compliance with the rules and regulations, the administrator may order the taxicab removed from service at the airport until it is made available for inspection and brought into compliance. (5) If the administrator determines that inspection of the mechanical condition or safety equipment of a taxicab by an expert mechanic or technician is necessary, the ' holder, owner, or .driver shall pay the cost of the inspection. (6) When a taxicab is removed from service at the airport and placed back in service at the airport within 15 days by the same owner, the owner shall pay to the ' administrator $~~ ~~~ a reinspection fee in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. (7) Before any taxicab will be approved for service at the airport, the administrator shall be provided with a copy of the registration for the vehicle with the State of Texas, or a bill of sale if the vehicle is new and has not yet been registered, showing the name of the individual or holder owning the vehicle. The owner shown on the registration or bill of sale provided to the administrator shall notify the administrator of any change in ownership of the taxicab within 10 business days. (8) The maintenance of taxicabs shall be the responsibility of the owner, driver, ' or holder. The administrator may revoke or suspend operating authority for any taxicab. if appearance falls below acceptable standards. (9) Whenever a vehicle is removed from service as a taxicab, the holder, owner, or driver shall remove from the vehicle all taxicab signs, markings, and equipment that would distinguish the vehicle as a taxicab, including, but not limited to, radios, toplights, meters, and decals. ' SECTION 7-3. REQUIRED EQUIPMENT -65- Unless otherwise specified in the operating authority under which a taxicab is ' operated, and in addition to other equipment required by the rules and regulations, a holder, owner, or driver shall provide and maintain the following equipment for each taxicab: ~ (1) seat belts for each passenger, the number of which is determined by the designed seating capacity of the taxicab; (2) heater and air conditioner; (3) fire extinguisher of a least one quart capacity; (4) equipment to indicate when a taxicab is operating for hire and when it is not ' for hire; (5) top light; (6) map of the airport service area; and (7) decal complying with Section 7-4 of the rules and regulations. SECTION 7-4. TAXICAB DECALS (1) The holder, owner, or driver of each taxicab shall annually obtain from the administrator a decal indicating the taxicab°s authority to operate at the airport. The decal must be attached to the taxicab in a manner and location .approved by the ' administrator. The annual fee for a decal X~ $~~ shall be charged in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. (2) The administrator may cause a decal to be removed from a taxicab which at any time fails to meet the minimum standards for appearance, condition, age, or equipment. The fee for reissuance of a decal to a taxicab from which a decal has been removed, l5}d ~~~ ~~r~X~X~~¢~~~~ X~ $~$lost, or stolen shall be charged in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. (3) A person commits an offense if he; ' (a) operates a taxicab at the airport with an expired decal or with no decal ' -66- 1 °~ affixed to it; (b) attaches a decal to a vehicle not authorized to operate as a taxicab at ' the airport; (c) forges, alters, or counterfeits a taxicab decal required by this section; or (d) possesses a forged, altered, or counterfeited taxicab decal required by this section. .SECTION 7-5. OFF DUTY STATUS OF TAXICABS (1) Each taxicab is presumed to be on duty and ready to serve the general public for hire. If a driver is off-duty and does not intend to provide taxicab service at the ' airport, he shall comply with the following requirements. (a) The driver shall place a sign, to be provided by the holder., in the taxicab indicating the words "OFF DUTY" printed in letters not less than three inches in height with a stroke of not less than 3/8 inch. The' letters shall be on a backing of ' sufficient thickness to not easily bend. (b) When a driver is off-duty, he shall display the sign in an upright position 1 in the front window on the right side of the taxicab so as to be easily seen and read from outside of the taxicab. (2) An off-duty driver shall not park or stand his taxicab on a taxicab stand or within 500 feet of a taxicab stand or along or in the one hour parking zones of the airport roadways. ARTICLE VIII ' ENFORCEMENT -67- 1 ' SECTION 8-1. AUTHORITY TO INSPECT The administrator may inspect a taxicab service operating at the airport to determine whether the service complies with the rules and regulations established for ~ taxicab operation or other applicable law. SECTION 8-2. ASSISTANCE BY AIRPORT DEPARTMENT OF PUBLIC SAFETY Upon specific request of the administrator, officers of the airport's department of :public safety may assist the administrator in the enforcement of the rules and regulations. SECTION 8-3. CORRECTION ORDER (1) If the administrator determines that a holder violates terms of its operating authority, the rules and regulations, a lawful order of the administrator, or other law, the administrator may notify the holder in writing of the violation and by written order direct the holder to correct the violation within a reasonable period of time. In setting the time for correction the administrator shall consider the degree of danger to the public .health or safety and the nature of the violation. If the violation involves equipment that is unsafe or functioning improperly, the administrator shall order the holder to immediately cease use of the equipment. (2) If the administrator determines that a violation is an imminent and serious threat to the public health or safety, the administrator shall order the holder to correct the violation immediately. If the holder fails to comply, the administrator shall promptly take or cause to be taken any action he considers necessary to the immediate enforcement of the .order. (3) The administrator shall include in a notice issued under this section: ' (a) an identification of the violation; (b) the date of issuance of the notice; -68- f (c) the time period within which the violation must be corrected; ' {d) a warning that failure to comply with the order may result in suspension or revocation of operating authority or imposition of a fine or both; and (e) a statement indicating that the order may be appealed to the ¢~~16 r~~l;h~,g¢~ Executive Director of the airport. SECTION 8-4. SERVICE OF NOTICE (1) A holder shall designate and maintain a representative to: (a) receive service of notice required under the rules and regulations to be given a holder; and (b) serve notice required under the rules and regulations to be given a driver employed by or contracting with a holder. (2) Notice required under the rules and regulations to be given: (a) a holder must be personally served by the administrator on the holder or the holder's designated representative or served by United States mail, five-day return receipt requested, to the address last known to the administrator of the person to be ' notified, or to the designated representative of the holder. (b) a driver licensed under Article III must be personally served by the administrator or sent by certified United States mail, five-day return receipt requested, ~, to the address, last known to the administrator, of the person to be notified, or to the designated representative for drivers; or (c) a person other than a driver licensed under Article III or a holder may be served in the manner prescribed by Subsection (2)(b). (3) Service executed in accordance with this section constitutes notice to the person to whom the notice is addressed. The date of service for a notice that is mailed is the date of receipt. ' (4) This section does not apply to notice served under Section 3-11(1). ' -69- SECTION 8-5. APPEAL (1) If the administrator denies issuance or renewal of taxicab company operating authority, suspends or revokes taxicab company operating authority, denies issuance or renewal of a taxicab driver's permit, .suspends a taxicab driver's permit under Section 3- 12, revokes a taxicab driver's permit, or issues a correction order under Section 8-3, the action is final unless, within 10 days from the date of receiving notice of the action, the ;~ affected applicant, holder, or permittee files an appeal, in writing, with the executive director of the airport specifying the reasons for the appeal. (2) The executive director of the airport or his designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument in his behalf. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make his ruling on the basis of a preponderance of evidence presented at the hearing. (3) The hearing officer may affirm, modify, or reverse all or part of the order of the administrator. The decision of the hearing officer is final. (4) The appealing party shall comply with the decision of the appeal hearing officer. SECTION 8-6. CRIMINAL OFFENSES (1) A person commits an offense if he violates or attempts to violate a provision of rules and regulations applicable to him. A culpable mental state is not required for the commission of an offense under the rules and regulations unless teh provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each time an offense occurs. An offense committed under the rules and regulations is punishable by a fine not to exceed $200. (2) Prosecution of an offense under Subsection (1) does not prevent the use of ' other enforcement remedies or procedures applicable to the person charged with or the -70- conduct involved in the offense. it -71- 1 CI-IAPTER FIVE BUS AND LIMOUSINE RULES AMID REGULATIONS J t ' -72- 1 ARTICLE I GENERAL PROVISIONS PAGE Sec.l-1 Statement of Policy ..............................................76 Sec. 1-2 Authority for Enforcement ................. . ......................76 Sec.l-3 Exemptions ................:.....................................76 'See l-4 Definitions ......................................................77 _ ARTICLE II OPERATING AUTHORITY Sec. 2-1 Operating Authority Required; Nontransferability ....................80 Sec. 2-2 Application for Operating Authority ................................80 Sec. 2-3 Limitations of Operating Authority .................................81 Sec. 2-4 Amendments to Operating Authority ................................82 Sec. 2-5 Renewal of Operating Authority ....................................83 Sec. 2-6 Denial of Application for Issuance or Renewal ....... . ................83 Sec. 2-7 Suspension and Revocation of Operating Authority ....................84 Sec. 2-8 Appeal of Denial, Suspension, or Revocation ............... .......84 Sec.2-9 Fees; Annual Issuance ... .........................................85 Sec.. 2-10 Advertisement of Bus or Limousine Service ............. . ............86 Sec.2-11 Temporary Operating Authority ....................................86 -73- ARTICLE. III BUS/LIMOUSINE .DRIVER'S PERMIT Sec. 3-1 Bus/Limousine Driver's Permit Required .............................87 Sec. 3-2 Qualification for Bus/Limousine Driver's Permit ..... . ............... .87 Sec. 3-3 .Application for Bus/Limousine Driver°s Permit .......................91 Sec. 3-4 Investigation of Application .......... ............................91 Sec. 3-5 Issuance and Denial of Bus/Limousine Driver's Permit .........:.......91 ' Sec. 3-6 Expiration; Voidance Upon Suspension or Revocation of State 92 Driver's License ........................................ ......... Sec.3-7 Provisional Permit ........................................ ....92 Sec.3-8 Probationary Permit ..............................................93 ' Sec. 3-9 Duplicate Permit ................................. . .........:.....93 Sec.. 3-10 .Display of Permit ...... .:......................................93 Sec. 3-l l Suspension by a Designated Representative ..........................94 Sec. 3-12 Suspension of Bus/Limousine Driver's Permit .........................94 Sec. 3-13 Revocation of Bus/Limousine Driver's Permit ............:...........95 Sec. 3-14 Bus and Limousine Operation After Suspension or Revocation ..........96 Sec. 3-15 Appeal of Denial, Suspension, or Revocation ............:............96 Sec.3-16 1Vontransferability.. ... .... .................................97 Sec. 3-17 Current Mailing Address of Permittee ....... . .......................97 ARTICLE IV MISCELLANEOUS HOLDER AND DRIVER REGULATIONS 1 Sec: 4-1 Holder°s and Driver's Duty to Comply ......... . .....................97 Sec. 4-2 Holder's Duty to Enforce Compliance•by Drivers ....::...:::::....:::.98 Sec. 4-3 Driver as Independent Contractor .... ........ ... .... .98 Sec.4-4 Insurance ..... ..... ............... .......................99 Sec. 4-5 Holder's Service Responsibilities ....................... . ..........100 Sec. 4-6 Information to be Supplied Upon Request of Administrator ............100 ARTICLE V SERVICE RULES AND REGULATIONS Sec.S-1 Parking ... ............................................... .101 Sec. 5-2 Regulations •for Use of Holding Stands ........... ................. l D 1 Sec. 5-3 Loading and Discharge of Passengers ...............................102 Sec.5-4 Cruising the Airport .... ......................::::::::••:;:::..102 Sec. 5-5 Solicitation and Acceptance of Passengers ......... • • .102 Sec.S-6 Conduct of Driver. ...........................................i03 '' Sec.S-7 Return of Passenger, Property .......:....:..:....:....::..:::..: 103 Sec. 5-8 Limousine Service . ... .104 Sec.S-9 Charter Bus Service ...... .....................................105 1 Sec. 5-10 Scheduled 'Bus and Limousine Service ...:::::::::::: : ::::: : :::::::.106 See. 5-11 Off Duty Status of Buses and Limousines .107 -74- ARTICLE VI FARES Sec.6-1 Rates of Fare ....................................................108 ARTICLE VII VEHICLES AND EQUIPMENT Sec.7-1 VehicieInspection........ .....................................108 Sec.7-2 Vehicle Equipment ................................................109 _ Sec.7-3 Decals............. ...........................................111 ARTICLE VIII ENFORCEMENT Sec.8-1 Authority to Inspect . ................. ........................1.11 ... Sec. 8-2 Assistance by Airport Department of Public Safety ..................112 Sec.8-3 Correction Order .................................................112 Sec.8-4 Service of Notice ................................................114 Sec.8-5 Appeals .........................................................114 Sec.8-6 Criminal Offenses ......................................... ....114 ii -75- i 1 1 /ARTICLE I GENERAL PROVISIONS ~ SECTION 1-1. STATEMENT OF POLICY 1 It is the policy of the Dallas/Fort Worth International Airport Board and the cities of Dallas and Fort Worth to promote adequate and efficient bus and limousine service at the Dallas/Fort Worth International Airport. To this end, rules and regulations for bus and limousine operations at the airport are developed to protect the public health and safety and to promote the public convenience and necessity. SECTION 1-2. AUTHORITY FOR ENFORCEMENT The director of ¢~~i$~ir~~~ ~~1~$~¢~~ Transportation for the city of Dallas is designated as the administrator of the Dallas/Fort Worth International Airport bus and limousine rules and regulations. The administrator shall implement and enforce the rules and regulations and may by written order establish procedures, not inconsistent with the rules and regulations, which he determines are necessary to discharge his duty under or to effect the policy of the rules and regulations. SECTION 1-3. EXEMPTIONS (1) These rules and regulations do not apply to a bus or limousine or to a person operating a bus or limousine that is: ' (a) owned by a nonprof it organization and carrying only passengers associated with that organization, if no compensation is received from any other person for carrying -~ 6- 1 the passengers; (b) provided by an employer or employee association for use in transporting employees between the employees' homes and the employer's place of business or between workstations, with the employees reimbursing the employer or employee association in the amount calculated only to offset the reasonable expenses of operating the vehicle; or (c) entering the airport for the sole purpose of terminating a trip that lawfully originated outside of the airport, except when the bus or limousine is marked with a decal issued pursuant to this chapter. (2) Articles III and VII of these rules and regulations do not apply to: (a) the driver of a bus or limousine operated under authority granted by the Interstate Commerce Commission, if the driver is operating within the scope of his employment;. or (b) a bus or limousine operated under authority granted by the Interstate Commerce Commission. (3) These rules and regulations, except for Sections 5-1 through 5-6, do .not apply to a bus or limousine, or to a person operating a bus or limousine, that is owned by the federal or state government or by a political subdivision of the state. A person or vehicle exempted under this subsection is subject to a fee, in an amount to be designated by the airport board, for operating at the airport and using the bus and limousine holding stands. SECTION 1-4. DEFINITIONS The definition of a term in the rules and regulations applies to each grammatical ' variation of the term. Unless the context requires a different definition: (1) ADMINISTRATOR means the director of ¢~i~ii~l6rfi~¢ ~~~~Z¢~~ Transportation for ' the city of Dallas, or his authorized agent, with the responsibility of implementing and enforcing the Dallas/Fort Worth International Airport bus and limousine rules and -77- 1 regulations. (2) AIRPORT means the Dallas/Fort Worth International Airport. (3) AIRPORT BOARD means the Dallas/Fort Worth International Airport Board, the governing body of the airport. ' (4) BUS means a motor vehicle that has a manufacturer's rated seating capacity of more than 15 passengers and that is used for the transportation of persons. ' (5) BUS/LIMOUSINE DRIVER'S PERMIT means a permit issued to an individual by the administrator authorizing that individual to operate a bus or limousine at the airport. ' (6) BUS SERVICE means a passenger transportation service operated for hire that uses buses, whether the fare is paid by individuals boarding the bus or by contract with or for a specified group of persons, and includes, but is not limited to, a facility from which the service is operated, buses used in the operation of the service, and a person who owns, controls, or operates the service. ' (7) CHARTER BUS SERVICE means a type of bus service for the transport of persons belonging to a specified group with one or more trips scheduled regularly or irregularly over a period not exceeding 10 days. ' (8) CONVICTION means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. (9) DRIVER means an individual who drives or operates a .bus or limousine. (10) HOLDER means a person who is granted operating authority to provide bus or ' limousine service at the airport, or his designated agent. (11) HOLDING STAND means a public place reserved exclusively for use by buses or limousines and includes all authorized bus and limousine queuing, loading, and holding areas. (12) LEGAL RESIDENT means a citizen of the United States or a person residing ' in the United States in accordance with federal immigration laws. -78- ,. {13) LIMOUSINE means a vehicle that has a manufacturer s rated seating capacity of not more than 15 .passengers and that is used for the transportation of persons. (14) LIMIOUSINE SERVICE means a passenger transportation service operated for hire on a prearranged basis that uses limousines in the operation of the service and includes, but is not limited to, a facility from which the service is operated, limousines used in the operation of the service, and a person who owns, controls, or operates the service. (15) OPERATE means to drive or to be in control of a bus or limousine. (16) OPERATING AUTHORITY means permission granted by the administrator to operate a bus or limousine service at the airport. (17) OPERATOR means the driver of a bus or limousine, the owner of a bus or limousine, or the holder of bus or limousine operating authority. (18) OWNER means the person to whom state license .plates for a vehicle were ' issued. ' (19) PERSON means an individual, corporation, government or governmental subdivision, or an agency, trust, partnership or two or more persons having a joint or common economic interest. (20) RULES AND REGULATIONS means the bus and limousine rules and regulations established under $¢¢XX¢~i 7¢¢ Chapter 5, "Bus and Limousine ~~¢~~XX¢~i~`1' ~t ~~~~X¢~ xyG¢` ~'bf¢~~dX~XX¢i~ ¢~ ~¢¢X¢X¢~X9' Rules and Regulations", of the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board, as amended. (21) SCHEDULED SERVICE means a type of bus or limousine service that operates on a fixed schedule and fixed routes approved by the administrator. (22) SHARED RIDE/SHUTTLE VEHICLE means a limousine that has a manufacturer's rated seating capacity of not more than eight passengers and that is used ' for the transportation of persons. ' -79- ARTICLE II ' OPERATING AUTHORITY SECTION 2-l. OPERATING AUTHORITY REQUIRED; NOIVTRANSFERABILITY (1)' A person may not operate a bus or limousine service or solicit passengers for a bus or limousine service at the airport without operating authority granted under the rules and regulations, nor may a person transport a passenger for hire at the airport by bus or limousine unless the person driving the bus or limousine or another who employs or contracts with the driver has been granted operating authority under the rules and regulations. ' (2) A person shall not engage or hire a bus or limousine which he knows does not have operating authority or another form of permission from the administrator. (3) Operating authority may not be transferred to another person. SECTION 2-2. APPLICATION FOR OPERATING AUTHORITY (1) To obtain operating authority, a person must make application to the administrator in the manner prescribed by this section. The applicant must be the person who will own, control, or operate the proposed bus or limousine service. An applicant shall file with the administrator a written, verified application containing the following: (a) a statement as to the type of operating authority, bus or limousine, for which application is made, including a statement as to which category, scheduled, charter bus, or prearranged limousine, the applicant proposes; (b) a description of any past business experience of the applicant, particularly in providing passenger transportation services, and an identification and description of any prior revocation or suspension of a permit to operate a business or service using motor vehicles held by the applicant, the listed business, an affiliated business, or a person with a direct interest in the listed or affiliated business; -80- (c) a description of the proposed service, including routes, rates of fare to be ' charged, and schedules, where applicable; (d) the form of business of the applicant and, if the business is a sole ro rietorship, partnership, corporation, or association, a copy of the documents P P establishing the. business and the name, address and citizenship or legal residence of each person with a direct interest in the business; (e) the name, address, and verified signature of the applicant; (f) ~~ ~i~~XZ¢~ijdJ'¢~the name of the city from which the applicant is authorized to operate a bus or limousine service and a copy of that city's document authorizing the bus or limousine. service; (g) the number and a description of the vehicles the applicant proposes to use in the operation of the bus or limousine service; (h) a description of the proposed insignia and color scheme, if applicable, for the applicant's buses or limousines; (i) documentary evidence from an insurance company, authorized to do business in the State of Texas indicating a willingness to provide liability insurance in the amounts specified in Section 4-4; and (j) any additional information the administrator considers necessary to the implementation and enforcement of the rules and regulations or the protection of the public safety. (2) Within a reasonable time from the date of application, the administrator shall approve or deny the application for issuance of bus or limousine operating authority. SECTION 2-3. LIMITATIONS OF OPERATING AUTHORITY (i) When issued, operating authority shall state the type of service, bus or limousine, authorized. Operating authority shall indicate the category of service, prearranged limousine, charter bus, or scheduled service. The operating authority may -81- ' also contain other conditions and limitations determined necessary by the administrator, t including, but not limited to: (a) the number of vehicles authorized; ' (b) a description of vehicles to be operated; (c) the number of passengers that may be transported in each vehicle; ' (d) customers to be served; (e) places of loading or unloading passengers; (f) schedules and routes to be followed; (g) rates to be charged; and, (h) operating procedures. (2) A holder commits an offense if he fails to comply with the conditions or limitations placed on the operating authority under which he is operating a bus or limousine service. 1 (3) An applicant for Bus/Limousine operating authority shall qualify for a Bus/Limousine driver's permit in accordance with this chapter. ' SECTION 2-4. AMENDMENTS TO OPERATING AUTHORITY (1) A holder desiring to amend the terms or conditions of its operating authority shall submit a written request to the administrator. Anon-refundable ~$~ amendment fee in accordance with the Dallas/Fort Worth International Airport Board schedule of charges; as amended, must accompany a request for any material change to the operating authority. The request shall include: (a) the nature of the proposed change; (b) the date the proposed change is to take effect. (2) The administrator may approve an amendment unless it is in violation of or inconsistent with the provisions of the rules and regulations. -82- n 1 SECTION 2-5. RENEWAL OF OPERATING AUTHORITY (1) A holder shall apply for renewal of bus or limousine operating authority at least 30 days before the expiration of the operating authority. (2) Within a reasonable time after the date of application, the administrator shall approve or deny the application for renewal. (3) The administrator shall renew the operating authority if he determines that the holder: (a) has performed in compliance with all terms and conditions of the operating authority; and (b) is in compliance with all requirements of the rules and regulations. SECTION 2-6. DENIAL OF APPLICATION FOR ISSUANCE OR RENEWAL The administrator shall deny issuance or renewal of bus or limousine operating authority if he finds that the applicant has: (1) failed to comply with the requirements of the rules and regulations or orders established under the rules and regulations; (2) failed to comply with the terms and conditions of the operating authority for which application for renewal is made; (3) been either convicted twice, suspended twice, or convicted once and suspended once, for a violation of the rules and regulations within the preceding two years; (4) made a false statement as to a material matter in the application for operating authority; (5) been convicted for a violation of another city, state, or federal law or regulation 1 which indicates lack of fitness of the applicant to perform a public transportation service; or (6) had bus or limousine operating authority revoked within the preceding two years. -83- C CTION 2-7. SUSPENSION AND REVOCATION OF OPERATING AUTHORITY SE (1) The administrator may suspend or revoke bus or limousine operating authority if he determines that the holder has: (a) made a false statement as to a material matter in the application for operating authority; (b) failed to comply with the provisions of the rules and regulations or orders established under the rules and regulations; (c) failed to comply with the terms and conditions of the operating authority, including, but not limited to, operating a type of service not authorized by the operating authority or operating a service in a manner not authorized by the operating authority; (d) been convicted for a violation of another city, state, or federal law or regulation which indicates lack of fitness of the holder to perform a public transportation service; d (e) failed to pay all required fees; or (f) failed to surrender script tickets for the payment of fees prescribed in '~ Section 2-9 in the manner approved by the administrator. (2) The administrator may suspend a holder's operating authority for a period not to exceed 60 days. At the end of the suspension period, the holder may file wcth the administrator a written request for reinstatement of operating authority. The administrator shall determine if the deficiency causing the suspension has been, corrected by the holder and approve or deny reinstatement of the operating authority. (3) A holder whose operating authority has been revoked shall not reapply for operating authority before the expiration of 24 months from the date of .revocation or, in the case of an appeal, the date the appeal hearing officer affirms the revocation. SECTION 2-8. APPEAL OF DENIAL, SUSPENSION, OR REVOCATION The denial of an application for issuance or renewal of bus or limousine operating -84- C authority or suspension or revocation of bus or limousine operating authority may be appealed by the applicant or holder in accordance with Section 8-5 of the rules and regulations. SECTION 2-9. FEES; ANNUAL ISSUANCE (1) The annual fee for bus operating authority X$ $~$~l TV~~ ~~i~i16~1X X¢~and for limousine operating authority X$ $$Q,~shall be established in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges. The annual fee shall be paid to the administrator before the operating authority is issued. (2) Bus and limousine operating authority may be issued for a period not to exceed one year and shall expire on October 31 of each year unless otherwise designated in the operating authority. If the operating authority is issued for a period of less than one year, the annual fee shall be prorated on the basis of whole months. (3) In addition to the annual fee required in Subsection (1), the holder of bus operating authority $V-~XX ~#i6 al ~~t~ X~~ ~X $~ ~~-~ X~~ ~~X~~~ ~t XX~-~~b$X~-~ ~~~t~tX/~~ ~IbX~~~X~tib $~~XX ~~16 ~ ~~t~ X~~ ~X $~and the holder of limousine operating authority shall pay exit fees in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended, in a manner prescribed by the administrator, each time a bus, ~f limousine, or shared ride/shuttle vehicle: (a) exits the airport, if providing prearranged service; or (b) completes a scheduled route through the airport, if providing scheduled service. (4) The total fees required to be paid in Subsection (3`) by a scheduled bus or limousine service shall never be less than a gate fee times the total number of scheduled routes through the airport that the service is authorized to operate. -85- ECTION 2-1D. ADVERTISEMENT OF BUS OR LIMOUSINE SERVICE S (1) A person commits an offense if he advertises or causes to be advertised the operation of a bus or limousine service that does not have valid operating authority under this article when the advertisement is reasonably calculated to be seen by persons seeking bus or limousine service at the Airport. (2) It is a defense to prosecution under Subsection (1) that the person was the publisher of the advertising material and had no knowledge that the bus or limousine service did not have operating authority under this article. SECTION 2-11. TEMPORARY OPERATING AUTHORITY (1) The administrator may issue temporary operating authority to a bus or limousine company for a period not to exceed 10 days. (2) A person desiring temporary operating authority must submit such information as deemed appropriate by the administrator to determine that: (a) drivers are qualified; (b) vehicles are safe and roadworthy; and (c) liability insurance is possessed that meets or exceeds those limits specified m Section 4-4 of these rules and regulations. (3) The fee for temporary operating authority X~ $$~ shall be established in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. (4) Vehicles used under temporary operating authority are subject to inspection procedures and fees in accordance with Section 7-1 of these rules and regulations. (5) The holder of temporary operating authority is sublect to the fees established in Section 2-9(3) of these rules and regulations. 1 -86- ARTICLE III BUS/LIMOUSINE DRIVER'S PERMIT SECTION 3-1. BUS/LIMOUSINE DRIVER'S PERMIT REQUIRED (1) A person commits an offense if he ~~/~~~ o e~ rates a bus or limousine inside the airport without a valid bus/limousine driver's permit issued to him under this article. It is a defense 'to prosecution under this subsection that the person is terminating a trip that lawfully originated outside the airport. (2) A holder may not employ, contract with, or otherwise allow a person to drive a ~~ bus or limousine owned, controlled, or operated by the holder unless the person has a valid .bus/limousine driver's permit issued to him under this article. SECTION 3-2. QUALIFICATION FOR BUS/LIMOUSINE DRIVER'S PERMIT (1) To qualify for abus/limousine driver's permit, an applicant must; (a) be at least 19 years of age; (b) be a legal resident of the United States; (c) hold a valid driver's license issued by the State of Texas and classified to permit the applicant to operate a bus or limousine; (d) be able to communicate in the English language; (e) not be afflicted with a physical or mental disease or disability that is likely to prevent him from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety; (f) not have been convicted of more than four moving traffic violations arising out of separate transactions, or involved in more than two automobile accidents in which it could be reasonably determined that the applicant was at fault, within any 12 month period during the preceding 36 months; (g) not be under indictment for or have been convicted of a crime: -87- (A) involving: (i) criminal homicide as defined in Chapter 19 of the Texas Penal Code; (ii) kidnapping as defined in Chapter 20 of the Texas Penal ~, Code; ~"' (iii) asexual offense as defined in Chapter 21 of the Texas ~, Penal Code; (iv) an assaultive offense as defined in Chapter 22 of the Texas r~ Penal Code; (v) robbery as defined in Chapter 29 of the Texas Penal Code; (vi) burglary as defined in Chapter 30 of the Texas Penal Code, except burglary of acoin-operated machine; (vii) theft as defined in Chapter 31 of the Texas Penal Code, except theft of service, theft of trade secrets, tampering with identification numbers, unauthorized use of a television decoding and interception device, and manufacture, sale, or distribution of a television decoding and interception device; (viii) fraud as defined in Chapter 32 of the Texas Penal Code, '~. but only if the offense was committed against a person with whom the applicant came in '~ contact because of his occupation as a bus or limousine driver; (ix) tampering with a governmental record as defined in Chapter 37 of the Texas Penal Code; (x) public indecency (prostitution or obscenity) as defined in Chapter 43 of the Texas Penal Code; (xi) the transfer, carrying or possession of a weapon in violation of Chapter 46 of the Texas Penal Code; ,~ (xii) a violation of the Dangerous Drugs Act (Article 4476-14, Vernon's Texas Civil Statutes); -8.8- 1 t (xiii) a violation of the Controlled Substances Act (Article 4476- 15, Vernon's Texas Civil Statutes); or (xiv) criminal attempt to commit any of the offenses listed in Subdivision (g) (A) (i) - (xiii) of this subsection; (B) for which: (i) less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense; (ii) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the `^ later date, if the applicant was convicted of a felony offense; or (iii) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is ~, the later date, if within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses; (h) not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated: (A) within the preceding 12 months; or (B) more than one time within the preceding 7 years; (i) not have criminal charges pending for an offense for driving while intoxicated; (j) not be addicted to the use of alcohol or narcotics; (k) be subject to no outstanding warrants of arrest; (1) be sanitary and well-groomed in dress and person; (m) be employed by or contracting with a holder; and. (r-) have successfully completed within the preceding 12 months a defensive ~~ driving course approved by the National Safety Council and be able to present proof of -89- s completion. (2) An applicant who has been convicted of an offense listed in Subsection (1) (g) or (h), for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a bus/limousine driver's permit only if the administrator determines that the applicant is presently fit to engage in the occupation of a bus or limousine driver. In determining present- fitness under this section, the administrator shall consider the following: (a) the extent and nature of the applicant's past criminal activity; (b) the age of the applicant at the time of the commission of the crime; (c) the amount of time that has elapsed since the applicant's last criminal. activity; (d) the conduct and work activity of the applicant prior to and following the criminal activity; (e) evidence of the applicant's rehabilitation or rehabilitative effort while r-~ incarcerated or following release; and ,~; (f) other evidence of the applicant's present fitness, including. letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other persons ~n contact with the applicant. (3) It is the responsibility of the applicant to the extent possible, to secure and provide to the administrator the evidence required to determine present .fitness under Subsection (2) of this section and under Section 3.8(1) of this article. (4) As an additional qualification for a bus/limousine driver's permit, the administrator may uniformly require applicants to pass an examination given by the administrator that tests ari applicant's knowledge of traffic laws, a driver's duties under ~~, the rules and regulations, and the geography of the cities or counties surrounding the E. a -90- 1~. airport. SECTION 3-3. APPLICATION FOR BUS/LIMOUSINE DRIVER'S PERMIT ,~~ To obtain abus/limousine driver's permit or renewal of a bus/limousine driver's permit, a person must file a completed written application with the administrator on a ~. form rovided for that ur o e. The i i 1 r p p p s adm n strator sha 1 equire each application to state any information he considers necessary to determine whether an applicant is qualified. SECTION 3-4. INVESTIGATION OF APPLICATION (1) For the purpose of determining qualification under Section 3-2(1) (e), the administrator may require an applicant to submit to a physical examination at the applicant's expense conducted by a licensed physician and to furnish to the administrator a statement which certifies that the physician has examined the applicant and that in the physician's professional opinion the applicant is qualified under Section 3-2 (1) (e). (2) The administrator may conduct any other investigation he considers necessary to determine whether an applicant for abus/limousine driver's permit is qualified. SECTION 3-5. ISSUANCE AND DENIAL OF BUS/LIMOUSINE DRIVER'S PERMIT (1) If the administrator determines that an applicant is qualified, he shall issue a bus/limousine driver's permit to the applicant. (2) The administrator may deny the application for abus/limousine driver's permit if the applicant: (a) is not qualified under Section 3-2; (b) refuses to submit to or does not pass a medical or written examination authorized under Section 3-2 or Section 3-4; or (c) makes a false statement of a material fact in his application for a bus/limousine driver's permit. -91- r d (3) If `the administrator determines that abus/limousine driver's permit should be denied the applicant, the administrator shall notify the applicant in writing that his application is denied and include in the notice the reason for denial and a statement informing the applicant of his right of appeal. SECTION 3-6. EXPIRATION; VOIDANCE UPON SUSPENSION OR REVOCATION OF STATE DRIVER'S LICENSE Except in the case of a probationary or provisional .permit, abus/limousine driver's permit expires two years from the date of issuance. If a permittee's state driver's license is suspended or revoked by the state, his bus/limousine driver's permit automatically becomes void. H permittee shall notify the administrator within three days of a suspension or revocation of his driver's license. by the state and shall immediate! surrender his bus/limousine driver°s ermit to the administrator. Y P SECTION 3-7. PROVISIONAL PERMIT (1) The administrator may issue a provisional bus/limousine driver's permit if he determines that: (a) the number of bus or limousine drivers is inadequate to meet the airport's need for bus or limousine service, in which case he may issue the number necessary to f meet the need; or (b) -t is necessary to allow the administrator to complete investigation of an applicant for abus/limousine driver's permit. (2) A provisional bus/limousine driver's permit expires 45 days from the date of issuance, or upon the applicant's being denied abus/limousine driver's permit, whichever occurs first. (3) The administrator may issue a provisional permit to a person holding a state driver's license, in accordance with Article 6687 b, Section 5 (b), Vernon's Texas Statutes. ~; 9,. ~, ~I ~ ''~ SECTION 3-8. PROBATIONARY PERMIT (1) The administrator may issue a probationary bus/limousine driver's permit to an applicant who is not qualified for abus/limousine driver's permit under Section 3-2 if the applicant: (a) could qualify under Section 3-2 for abus/limousine driver's permit within one year from the date of application; (b) holds a valid state driver's license or occupational driver's license; and (c) is determined by the administrator, using the criteria listed in Section 3- 2 (2) of this article, to be presently fit to engage in the occupation of a bus or limousine driver. (2) A probationary driver's permit may be issued for a period not to exceed one year. (3) The administrator may prescribe appropriate terms and conditions for a probationary bus/limousine driver's permit as he determines are necessary. SECTION 3-9. DUPLICATE PERMIT If a bus/limousine driver's permit is lost or destroyed, the administrator may issue the permittee a duplicate permit upon receiving payment of a duplicate permit fee ~~ ~$/ in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. SECTION 3-10. DISPLAY OF PERMIT A bus or limousine driver shall display his bus/limousine driver's permit in a manner and location approved by the administrator. A bus or limousine driver shall allow the administrator or a peace officer to examine his bus/limousine driver's permit upon request. -93- SECTION 3-11. SUSPENSION BY A DESIGNATED REPRESENTATIVE (1) If a representative designated by the administrator to enforce the rules and regulations determines that a permittee has failed to comply with the rules and regulations (except Section 3-2), the representative may suspend the bus/limousine driver's permit for a period of time not to exceed 30 days by serving the permittee with a written notice of the suspension. The notice must include: (a) the reason for suspension; (b) the date the suspension begins; (c) the duration of the suspension; and (d) a statement informing the permittee of his right of appeal. (2) A suspension under this section may be appealed to the administrator if the permittee requests an appeal at the time the permittee receives notice of the suspension. When an appeal is requested, the suspension may not take effect until a hearing is provided by the administrator. (3) The administrator may order an expedited hearing under this section, to be held as soon as possible after the permittee requests an appeal. The administrator may affirm, reverse, or modify the order of the representative. The. decision of the administrator is final. SECTION 3-12. SUSPENSION OF BUS/LIMOUSINE DRIVER'S PERMIT (1) If the administrator determines that a permittee has failed to comply with any provision of the rules and regulations (except Section 3-2), the administrator may suspend the bus/limousine driver's permit for a definite period of time not to exceed six months. (2) If at any time the administrator determines that a permittee is not qualified under Section 3-2, the administrator shall suspend the bus/limousine driver's permit until the administrator determines that the permittee is qualified. A driver shall provide the admi.nstrator with necessary information or proof of .his qualifictions upon request. -94- 1 (3) A permittee whose bus/limousine driver's permit is suspended shall not originate a bus or limousine trip at the airport during the period of suspension. The administrator may also order that the permittee not terminate trips at the airport during the period of ~I suspension. (4) The administrator shall notify the permittee and the holder employing the .~ permittee, in writing, of a suspension under this section. The notice must include: (a) the reason for the suspension; (b) the date the administrator orders the suspension to begin; (c) the duration of suspension or if it is under Subsection (2); and (d) a statement informing the permittee of his right of appeal. (5) The period of suspension begins on the date specified by the administrator, or in the case of an appeal, on the date ordered by the appeal hearing officer. SECTION 3-13. REVOCATION OF BUS/LIMOUSINE DRIVER'S PERMIT (1) The administrator may revoke a bus/limousine driver's permit if the administrator determines that the permittee: (a) operated a bus or limousine inside the airport during a period in which his bus/limousine driver's permit was suspended; (b) made a false statement of a material fact in his application for a bus/limousine driver's permit; (c) engaged in conduct that constitutes a ground for suspension under Section 3-12 (1) and received either a suspension m excess of 10 days or a conviction for violation of the rules and regulations, two times within the 12-month period preceding the conduct or three times within the 24-month period preceding the conduct; (d) engaged in conduct that could reasonably be determined to be detrimental to the public safety; (e) failed to comply with a condition of a probationary permit; or -95- 1 r (f) failed to surrender the appropriate script tickets for the payment of fees prescribed in Section 2-9 in the manner approved by the administrator. (2) A person whose bus/limousine driver's permit is revoked shall not: (a) apply for another bus/limousine driver's permit before the expiration of 24 months from the date the administrator revokes the permit or, in the case of an appeal, the date the appeal hearing officer affirms the revocation; or (b) operate a bus or limousine at the airport. (3) The administrator shall notify the permittee in writing of a revocation. The notice shall include: (a) the reason for the revocation; (b) the date the administrator orders the revocation; and (c) a statement informing the permittee of his right of appeal. SECTION 3-14. BUS AND LIMOUSINE OPERATION AFTER SUSPENSION OR REVOCATION (1) After receiving notice of suspension or revocation of a permit or denial of a permit renewal, the permittee shall, on the date specified in the notice, surrender his limousine at the airport. (2) Notwithstanding Section 3-1.2 (3) and Subsection (1) of this section, if the permittee appeals the suspension or revocation of a bus/limousine driver's permit, he may continue to drive a bus or limousine at the airport pending the appeal unless: (a) the permittee is not qualified under Section 3-2; or (b) the administrator determines that continued operation by the permittee ~ would impose an immediate threat to the public safety. SECTION 3-15. APPEAL OF DENIAL, SUSPENSION, OR REVOCATION The denial of an application for issuance or renewal of a bus/limousine driver's permit, a suspension of a bus/limousine driver's permit under Section 3-12, or a -96- 1 revocation of a bus/.limousine driver's ermit may be a Baled in accordance with Section P PP 8-5 of the rules and regulations. SECTION 3-16. NONTRANSFERABiLITY A bus/limousine driver's permit, badge, ~~/¢4I¢!~ decal, ticket, or emblem assigned to one person is not transferable to another. SECTION 3-i7. CURRENT MAILING ADDRESS OF PERMITTEE A person issued abus/limousine driver's permit shall maintain a current mailing address on file with the administrator. The permittee shall notify the administrator of any change in this mailing address within five business days of the change. /ARTICLE IV MISCELLANEOUS HOLDER AND DRIVER REGULATIONS SECTION 4-l. HOLDER'S AND DRIVER'S DUTY TO COMPLY (1) Holder. In the operation of a bus or limousine service, a holder shall comply with the terms and conditions of the 'holder's operating authority, lawful orders of the administrator, and, except to the extent expressly provided otherwise by the operating authority, the rules and regulations, and other laws applicable to the operation of a bus or limousine service. (2) Driver. While operating a bus or limousine at the airport, a driver shall comply with the rules and regulations, other laws applicable to the operation of a motor vehicle in this state, lawful orders of the administrator, and orders issued by the holder employing or contracting with the driver in connection with the holder's discharge of its -~ duty under its operating authority and the rules and regulations. -97- 1 ;, SECTION 4-2. HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS (1) A holder shall establish policy and take action to discourage, prevent, or correct violations of the rules and regulations by drivers who are employed by or contracting V~ with the holder. (2) A holder shall not permit a driver who is employed by or .contracting with the holder to operate a bus or limousine if the holder knows or has reasonable cause to suspect that the driver has failed to comply with the rules and regulations or other -- applicable law. SECTION 4-3. DRIVER AS INDEPENDENT CONTRACTOR (1) A holder who is not operating a scheduled bus or limousine service may contract with a driver on an independent-contractor basis, but only if the contract: (a) provides that the holder shall indemnify and hold harmless the airport board, the cities of Dallas and Fort Worth, and their officers and employees for a claim or cause of action against the airport board, the cities of Dallas or Fort Worth, or their officers or employees arising from conduct of the driver; (b) provides that the driver is insured under the holder's fleet insurance policy; and (c) imposes a condition that the driver must comply with these rules and regulations and provides that failure to comply may be considered by the holder as a material breach of the contract. (2) The form of the contract between a holder and driver must be approved by the administrator. The administrator may disapprove a contract form if he determines that the contract is inconsistent with these rules and regulations, regulations established under these rules and regulations, or other applicable law. A holder may not use a contract that has been disapproved by the administrator. -98- SECTION 4-4. INSURANCE (i) A holder shall maintain in force during the authorized period of its operating authority an amount and character of insurance coverage for all motor vehicles used in its bus or limousine service which is not less )~~~)f than that specified by the Texas Railroad Commission for vehicles of comparable size. Operating authority will not be granted or renewed, unless the applicant or holder furnishes. the administrator with all proof of insurance the administrator considers necessary to determine whether the applicant or holder is adequately insured under this section. (2) Except for self-insurance, Insurance required under this section must: (a) be carried with an insurance company authorized to do business in the State of. Texas; f (b) name as additional insureds the Dallas/Fort Worth International Airport Board, the cities of Dallas and Fort Worth, and their officers and employees; and (c) include a cancellation rider under which the insurance company is required to notify the administrator in writing not less than 30 days before cancelling or making a material change to the insurance policy. (3) A holder may be self-insured in the manner prescribed by the Texas Safety- Responsibility Act if the administrator determines that the holder can furnish protection of the same character and amount as if the insurance were carried by an insurance company. In considering authorizations of self-insurance, the administrator shall consider the financial fitness and the past record of management responsibility of the holder and may establish maximum coverage limits for which the holder may self- insure If at any time the administrator determines that aself-insured holder is unable to provide adequate self-insurance, the administrator by written notice shall order the holder to acquire insurance from an insurance company and the holder shall comply with the order not more than 30 days after the notice is served. (4) A copy of documents establishing compliance with insurance requirements shall be on file with the administrator at all times. Failure to maintain minimum insurance -99- 1 standards shall result in the immediate suspension of holder's operating authority. If operating authority is suspended for failure to maintain insurance, it may not be reinstated until satisfactory proof of insurance meeting minimum requirements is submitted to and confirmed by the administrator. The fee for reinstatement of operating authority after a suspension under this subsection l~ $z~~ will be established in accordance with the Dallas/Fort Worth International Airport Board schedule of charges, as amended. SECTION 4-5. HOLDER'S SERVICE RESPONSIBILITIES (1) A holder shall provide bus or limousine service for passengers at the Airport in accordance with service levels and standards approved by the administrator, the Airport Board, and the Cities of Dallas and Fort Worth. (2) A holder shall cooperate with the administrator in all phases of bus or limousine operations to provide prompt, efficient, and economical service and shall respond promptly to specific requests by the administrator for bus or limousine service during periods of shortage. SECTION 4-6. INFORMATION TO BE SUPPLIED UPON REQUEST OF ADMINISTRATOR (1) Upon request of the administrator, a holder shall submit to the administrator the following information: (a) a current consolidated equipment list; (b) names of current officers, owners, and managers of the bus or limousine service; and (c) a list of the names and bus/limousine driver's permit numbers of current drivers employed by or contracting with the holder. -100- 1 1 ARTICLE V SERVICE RULES AND REGULATIONS SECTION 5-1. PARKING (1) A driver shall park only on designated bus or limousine holding stands while serving the Airport. (2) A person commits an offense if he: (a) parks a vehicle on a bus or limousine holding stand without authorization from the administrator; or (b) leaves a vehicle unattended on a bus or limousine holding stand; except, that a driver may leave his bus or limousine to assist a passenger as is reasonably necessary after being engaged. (3) In proving an offense under Subsection (2) (a), it is prima facie evidence that a vehicle is unauthorized if the vehicle is not equipped with a decal in accordance with Section 7-3 of these rules and regulations. (4) A vehicle left unattended on a bus or limousine holding stand in violation of Subsection (2) (b) is illegally parked and may be removed from the holding stand and impounded with all towing and storage fees to be paid by the vehicle owner. SECTION 5-2. REGULATIONS FOR USE OF HOLDING STANDS (1) While using a bus or limousine holding stand, a bus or limousine driver shall not: (a) leave his bus or limousine except to assist a passenger as is reasonably necessary after being engaged; (b) perform or allow to be performed repairs or maintenance on a bus or limousine while parked on the holding stand; or (c) utilize the holding stand while off duty. (2) A bus or limousine driver operating a scheduled service shall: 1 -101- 1 ~_ (a) remain at the holding stand only long enough to load or discharge passengers and then expeditiously progress to the next scheduled holding stand or exit the ' airport; and (b) enter a holding stand only at those times listed in the schedule on file with the administrator. SECTION 5-3. LOADING AND DISCHARGE OF PASSENGERS (1) A driver shall load passengers and baggage into a bus or limousine only at designated holding stands. (2) Unless otherwise authorized by the administrator, a driver shall use. the lower level at terminals to discharge passengers, except when increased hardship would result to a passenger afflicted with a physical or mental disability. SECTION 5-4. CRUISING THE AIRPORT (1) A driver shall not cruise the airport. A driver is "cruising"-anytime that he drives a bus or limousine within 1,000 feet of a terminal or a hotel on the airport without: (a) a passenger to be discharged at the terminal or hotel; (b) following the approved schedule and route contained in the holder's operating authority, if applicable; (c) trip authorization by the administrator; (d) assignment for a prearranged trip; or (e) taking a direct route to leave the airport. SECTION 5-5. SOLICITATION AND ACCEPTANCE OF PASSENGERS (1) A person commits an offense if he: (a) by word or gesture solicits or accepts a passenger for a bus or limousine -102- t he air ort in a location other than an area s ecifically authorized by the at t p P administrator for the solicitation or acceptance of bus or limousine passengers; (b) solicits a passenger by means of an electronic device designed to amplify sound or in a manner that unreasonably annoys or obstructs the movement of a person; or (c) pays an employee of another business to solicit passengers for or give preferential treatment in directing passengers to a bus or limousine, unless the person has written permission from the administrator and the executive director of the airport, or his designated representative. SECTION 5-6. CONDUCT OF DRIVER (1) A driver shall: (a) conduct himself in a reasonable, prudent, and courteous manner; (b) maintain a sanitary and well-groomed appearance; (c) not respond to a dispatched call assigned to another driver; (d) not consume or possess 1. any alcoholic beverage, 2. any drug, or 3. a~ other substances which could adversely affect his ability to drive a motor vehicle; (e) not interfere with the administrator in the performance of his duties; (f) not gather, congregate, or otherwise obstruct entrances or passageways of any terminal, hotel, or other airport building in a manner that unreasonably annoys or impedes the movement of a person; (g) comply with lawful orders of the administrator issued in the .performance of his duties; and (h) not deposit any bottle, can, trash, debris, junk, or other object on or around a holding stand except in an authorized trash receptacle. SECTION 5-7. RETURN OF PASSENGER'S PROPERTY -103- 1 1 Upon finding property left by a passenger in a bus or limousine, the driver shall immediately return the property to the owner. If the driver is unable to locate the owner or if the driver does not know the identity or whereabouts of the owner, the driver shall, within 24 hours of discovering the lost property, deliver the property to the holder and notify the administrator of the location and description of the property. SECTION 5-8. LIMOUSINE SERVICE (1) Limousine service, unless authorized for scheduled service, shall be operated on a prearranged basis. All arrangements for limousine service must be made prior to the limousine entering into the terminal area of the airport. (2) When entering the terminal area of the airport, a driver who furnishes prearranged limousine service shall have in his possession, and present to the administrator upon request, written documentation indicating the following information: (a) the name of the customer or customers; (b) the number of individuals in the party; (c) the airline carrying the customer or customers; (d) the flight number; (e) the flight arrival time; and (f) the destination of the limousine trip. (3) A driver furnishing prearranged limousine service shall not accept any '° passengers at the airport except those for whom service has been prearranged and documented in accordance with Subsection (2) of this section. (4) A driver furnishing prearranged limousine service shall not drive into the terminal area of the airport more than five minutes prior to the scheduled arrival of the flight carrying the customer for whom limousine service is to be provided. If a flight is delayed, the driver shall not occupy a bus or limousine holding stand more than five minutes prior to actual arrival of the customer's flight. -104- 1 (5) A limousine driver shall load customers and baggage into the limousine and immediately leave the terminal area. ,~ SECTION 5-9. CHARTER BUS SERVICE (1) Charter bus service shall be operated on a prearranged basis. Ail arrangements for charter bus service shall be made prior to the charter bus entering into the terminal area of the airport. (2) When entering the terminal area of the airport, a driver furnishing charter bus service shall have in his possession, and present to the administrator upon request, written documentation indicating the following information: (a) the name of the customer or customers; (b) the number of individuals in the party; (c) the airline carrying the customer or customers; (d) the flight number; (e) the flight arrival time; and (f) the destination of the charter bus trip. (3) A driver furnishing charter bus service shall not accept any passengers at the airport except those for whom service has been prearranged and documented in accordance with Subsection (2) of this section. (4) A driver furnishing charter bus service shall not drive into the terminal area of the airport .more than five minutes prior to the scheduled arrival of the flight carrying the customer for whom charter bus service is to be provided. If a f light is delayed, the driver shall not occupy a bus or lirnousme holding stand more than five minutes prior to the actual arrival of the customer's flight. (5) A charter bus driver shall load customers and baggage into the bus and immediately leave the terminal area. -105- SECTION 5-10. SCHEDULED BUS AND LIMOUSINE SERVICE (1) Scheduled service for buses and limousines shall be operated along routes and schedules as specified in the holder's operating authority. (2) A driver or holder shall follow the scheduled route regardless of whether the bus or limousine is filled to capacity, unless otherwise authorized by the administrator. (3) A driver commits an offense if he drives into a terminal area or solicits or accepts passengers at a time or location or in a manner other than as provided for in the holder's operating authority. (4) The driver or holder of a bus or limousine commits an offense if the bus or 1 limousine enters into a terminal area without displaying an outbound destination sign that is clearly visible, both day and- night, to awaiting passengers. (5) A scheduled bus or limousine service shall serve each approved route on a C 1 i~ frequency schedule with not more than 120 minutes between scheduled departure times from the airport. A scheduled bus or limousine service shall provide continuous service at least 12 hours a day, six days a week and at least eight hours a day, one day a week. A scheduled bus or limousine service is not required to operate on the following holidays: (a) New Year's Day (January 1); (b) Memorial Day (Last Monday in May); (c) Independence Day (July 4); (d) Thanksgiving Day (Fourth Thursday in November.); and (e) Christmas Day (December 25). This subsection does not apply to a scheduled bus or limousine service with all points of destination outside Dallas and Tarrant counties. (6) Each scheduled bus or limousine service shall provide service at times specified C in the operating authority. A scheduled service shall maintain an "on time" rating of zero to 10 minutes after scheduled arrival time for not less than 80 percent of the total scheduled trips. Computation of "on time" ratings will be determined using sampling -106- procedures established by the administrator. (7) All buses or limousines authorized for scheduled service shall be owned or controlled by the holder. (8) All drivers of buses or limousines operating on a scheduled service shall be employees of the holder. (9) A holder of scheduled service operating authority may not subcontract his operating authority.. (10) A holder of operating authority for a scheduled .limousine service that uses shared ride/shuttle vehicles shall log, on a tape recorder and in a manner. approved by the administrator, all radio and telep hone communications between all customers and the limousine service dispatcher and between the limousine service dispatcher and all drivers. The purpose of the log is to document the limousine service's dispatch of extra vehicles to complete scheduled routes for vehicles that are filled to capacity. SECTION 5-11. OFF DUTY STATUS OF BUSES AND LIMOUSINES (1) Each bus or limousine is presumed to be on duty and ready to serve the general public for hire. If a driver is off-duty and does not intend to provide bus or limousine service at the airport, he shall comply with the following requirements: (a) The driver shall place a sign, to be provided by the holder, in the bus or limousine indicating the words "OFF DUTY" printed in letters not less than three inches in height with a stroke of not less than 3/8 inch. The letters shall be on a backing of sufficient thickness to not easily bend. (b) When a driver is off-duty, he shall display the sign~in an upright position in the front window on the right side of the bus or limousine so as to be easily seen and read from outside of the bus or limousine. (2) An off-duty driver shall not park or stand his bus or limousine on a bus or limousine holding stand or within 500 feet of a bus or limousine holding stand or along or -107- [] 1 in the one hour parking zones of the airport roadways. ~IRTICLE YI. FARES SECTION 6-1. RATES OF FARE (1) A driver or holder shall not charge a fare for operating a bus or limousine at the airport that is inconsistent with the .rates authorized in the holder's operating authority. (2) A holder desiring to effect a change in the approved rates of fare shall submit a written request in accordance with Section 2-4 of the rules and regulations. (3) The rates listed in the holder's operating authority shall be strictly adhered to, and no change in rates may be implemented without written approval. of` the. administrator. (4) The administrator may require a holder to display rates on or within a bus or limousine in a manner prescribed by the administrator. (5) The driver or holder shall give the person paying a fare a ticket or receipt that indicates the name, address, and phone number of the bus or limousine company and the amount of the fare. ARTICLE VII. VEHICLES AND EQUIPMENT SECTION 7-l. VEHICLE INSPECTION (1) A holder shall maintain vehicles in safe mechanical condition and shall maintain the interior and exterior of the vehicles in good repair. -108- (2) A .holder shall have each vehicle to be used in bus or limousine service inspected in a manner approved by the administrator before operating authority is issued and at such other times as may be ordered by the administrator. Inspection .shall determine safety of the vehicle, condition of maintenance, and compliance with state and federal laws .regulating emission of air contaminants. (3) A holder may have a reasonable number of reserve vehicles inspected for use when a vehicle designated by operating authority is out-of-service. The administrator shall determine the number of reserve vehicles that a holder may have inspected when reserve vehicle inspection is requested. (4) The fee for each inspection of each vehicle of a holder Z~ $~~~ will be in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. (5) The administrator shall designate the time and place for annual inspection of vehicles operated under operating authority. If the administrator designates someone other than a city employee to perform the inspection, the applicant or holder shall bear the reasonable cost of inspection. (6) A holder may contract for maintenance but shall be respons-ble for maintaining n all vehicles. operated under his operating authority in safe operating condition. SECTION 7-2. VEHICLE EQUIPMENT (1) A holder, owner, or driver of a bus or .limousine shall provide and maintain the following equipment for each bus or limousine: (a) an air conditioner system capable of cooling the passenger compartment 1 to 20 degrees below the outside temperature and a heater; (b) afire extinguisher of at least one quart capacity; and (c) a decal complying with Section 7-3 of the rules and regulations. (2) In addition to equipment specified in Subsection (1) of this section, a holder, -109- owner, or driver shall provide and maintain the following equipment and size and weight I~ requirements for each bus or limousine used in a scheduled service: ' (a) a minimum interior height of 72 inches (floor to ceiling); (b) sufficient weight capacity, proof of which shall be provided by the ' holder, owner, or driver, such that the weight of the -empty vehicle plus 150 pounds for each seat shall not exceed the manufacturer's rated gross vehicle weight; (c) a minimum of one emergency exit in addition to the driver and passenger 1 doors; (d) a designated luggage holding area located separately from :passenger seating; (e) lighted front destination signs; (f) a uniform paint scheme which has been approved by the administrator; (g) the name of the company and the equipment number permanently affixed to each side of the vehicle in letters not less than three inches high with a .one-half inch ' stroke; (h) a two-way radio on the company dispatcher's frequency that is operational during scheduled service hours;. () a minimum of three passenger seats for each stop along the route outside the airport; and (j) a sufficient number of vehicles to be used as backup for each route. ~~~ 9+ ~-~X~~~l ~v~>~~t` ~~ ~XX~b~X ~~~~~XX~g ~ ~~~~~~hX~~ ~~~ ~X XX~~~~Xd~~ ~~~~bX~~ X~ ~~X X~~~6X-~~~ t~ ~~~h~X~b v~XX~ tt~~ ~~~6X~~~~tl ~X~~l #~-~ v~~X~k~t ~~~-dX~~fi~~t~ ~~~~~X~~~ Xd~ ~-b~~~~iX~d. ~~Y ~~Il ~7l A~XI X~XI ~~Il ~i)l ~th7 ~1~~ XXX ldd~XXX ~~d~~ XL X~~~X (3) All buses and limousines and all bus and limousine equipment must comply with ' all applicable federal and state motor vehicle safety standards. (4) This section does not apply to a bus or limousine service with all points of destination outside Dallas and Tarrant counties. -110- (5) A holder, owner, or driver operating a scheduled limousine service is not required to comply with vehicle requirements described in Subsection (2) {a), (c), {d), and (i) when. using a, shared-ride/shuttle vehicle. i SECTION 7-3. DECALS (1) A holder shall obtain from the administrator a decal indicating a bus or limousine authority to operate at the airport. The decal must be attached to each .bus or limousine in a manner and location approved by the administrator. (2) The administrator may cause a decal to be removed from a bus or limousine which at any time fails to meet the minimum standards for appearance, condition, age, or equipment. The fee for reissuance of a decal to a bus or limousine from which a decal has been removed by the administrator ~$ $~~ will be in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. (3) A person committs an offense if he: (a) operates a bus or limousine at the airport with an expired decal or with no decal affixed to it, except for the sole purpose of terminating a trip that lawfully originated outside the airport; (b) attaches a decal to a vehicle not authorized to operate as a bus or limousine at the airport; or (c) parks a vehicle on a bus or limousine holding stand with an expired decal or with no decal affixed to it. ARTICLE VIII ENFORCEMENT ii i SECTION 8-1. AUTHORITY TO INSPECT -111- '. The administrator may inspect a bus or limousine service operating at the airport ' to determine whether the service complies with the rules and regulations established for bus or limousine operation or other applicable law. SECTION 8-2. ASSISTANCE BY AIRPORT DEPARTMENT OF PUBLIC SAFETY Upon specific request of the administrator, officers of the airport's department of public safety may assist the administrator in the enforcement of the rules and regulations. SECTION 8-3. CORRECTION ORDER (1) If the administrator determines that a holder is in violation of the terms of its operating authority, the rules and regulations, a lawful order of the administrator,. or other law, the administrator may notify the holder in writing of the violation and by written order direct the holder to correct the violation within a reasonable period of time. In setting the time for correction, the administrator shall consider the degree of danger to the public health or safety and the nature of the violation. If the violation involves equipment that is unsafe or functioning improperly, the administrator shall order the .holder to immediately cease use of the equipment. (2) If the administrator determines that a violation is an imminent and serious threat to the public health or safety, the administrator shall order the holder to correct the violation immediately. If the holder fails to comply, the administrator shall promptly take or cause to be taken any action he considers necessary to the immediate enforcement of the order. (3) The administrator shall include in a notice issued under this section: (a) an identification of the violation; (b) the date of issuance of the notice; ' (c) the time period within which the violation must be corrected; ' -112- I~ ~~ 1 (d) a warning that failure to comply with the order may result in suspension or revocation of operating authority, imposition of a fine, or both; and (e) a statement indicating that the order may be appealed to the executive director of the airport. SECTION 8-4. SERVICE OF NOTICE (1) A holder shall designate and maintain a representative to: (a) receive service of notice required under the rules -and regulations to be given a holder; and (b) serve notice required under the rules and regulations to be given a driver employed by or contracting with a holder. (2) Notice required under the rules and regulations to be given:. (a) a holder must be personally served by the administrator on the holder or the holder's designated representative or served by certified United States mail, five-day return receipt requested, to the address last known to the administrator of the person to be notified, or to the designated representative of the holder; (b) a driver licensed under Article III must be personally served by the administrator or served by certified United States mail, five-day return receipt requested, to the address, last known to the administrator, of the person to be notified, or to the designated representative for the driver; or (c) a person other than a driver licensed under Article III or a holder may be served in the manner prescribed by Subsection (2) (b) of this section. (3) Service executed in accordance with this section constitutes notice to the person to whom the notice is addressed. The date of service for a notice that is mailed is the date of receipt. SECTION 8-5 APPEALS -113- (1) If the administrator denies issuance or renewal of bus or limousine operating ii 1 authority, suspends or revokes bus or limousine operating authority, denies issuance or renewal of a bus/limousine driver's permit, suspends abus/limousine driver's permit under Section 3-12, revokes abus/limousine driver's permit, or issues a correction order under Section 8-3, the action is final unless, within 10 days from the date of receiving notice of the action, the affected applicant, holder, or driver files an appeal, in writing, with the executive director of the airport specifying the reasons for the appeal. (2) The executive director of the airport or his designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument in -his behalf. Thee formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make his ruling on the basis of a preponderance of evidence presented at the hearing. (3) The hearing officer may affirm, modify, or reverse all or part of the action or order of the administrator being appealed. The decision of the hearing officer is final. (4) The appealing party shall comply with the decision of the appeal hearing officer. SECTION 8-6. CRIMINAL OFFENSES (1) A person commits an offense if he violates or attempts to violate a provision of the rules and regulations applicable to him. A culpable mental state is not required for the commission of an offense under the rules and regulations unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each time an offense occurs. An offense committed under the rules and regulations is punishable by a fine not to exceed $200. (2) Prosecution of an offense under Subsection (1) does not prevent the use of other enforcement remedies or procedures applicable to the person charged -with or the conduct involved in the offense. -114- G CHAPTER SIX COURTESY dEHICLE RULES AND REGULATIONS C 7 -115- u CHAPTER SIX ~I COURTESY VEHICLE RULES AND REGULATIONS ARTICLE I GENERAL PROVISIONS PAGE Sec.l=1 Statement of Policy ..............................................l 18 $ec.l-2 Purpose ........ .................................................118 Sec.l-3 Authority for Administration and Enforcement .......................118 Sec.l-4 Definitions ......................................................119 ARTICLE II OPERATING AUTHORITY Sec.2-1 Operating Authority Required .. ......... .........................120 Sec.2-2 Application for Operating Authority ................................121 Sec.2-3 Renewal of Operating Authority ....................................122 Sec.2-4 Denial of Application for Issuance or Renewal ........................122 Sec.2-5 Suspension and Revocation of Operating Authority .. ... .... .... ..................................123 Sec.2-6 Appeal of Denial, Suspension, or Revocation of Operating Authority ............................................124 Sec.2-7 Fees ............................................................125 ARTICLE III DECAL/INSIGNIA CRITERIA Sec.3-1 Decal/Insignia Issuance Criteria ....................................125 ARTICLE IV SERVICE RULES AND REGULATIONS 7 Sec.4-1 Service Rules and Regulations ..................... ......... ...125 Sec.4-2 Holder's Duty to Enforce Compliance by Drivers ... ........ .... ............................ ...126 Sec.4-3 Holder's Service Responsibilities ...................................126 Sec.4-4 Insurance ...................... ................... ...........126 Sec.4-5 Vehicle Inspection ............................................ ..128 Sec.4-6 Vehicle Equipment ................................................128 Sec.4-7 Headways . ..................................................129 Sec.4-8 Conduct of Driver ................................................130 Sec.4-9 Authority to Inspect ..............................................130 Sec.4-10 Correction Order.... ...........................................131 Sec.4-11 Service of Notice .................................................131 ARTICLE V OFFENSES Sec.S-1 Parking .. ............. .........................................133 ' $ec.5-2 Loading and Discharge of Passengers ................................133 Sec.S-3 Solicitation and Acceptance of Passengers ...........................133 Sec.5=4 Cruising the Airport ..............................................134 Sec.S-5 Decals ........ ........ ........................................134 Sec.5-6 Advertisement of Courtesy Vehicle Service ..........................135 ARTICLE VI ENFORCEMENT Sec.6-1 Enforcement .....................................................135 ~ Sec.6-2 Offenses ........................................................136 0 it 0 C 1 -117- n 1 1 ARTICLE I GENERAL PROVISIONS 1 SECTION 1-l. STATEMENT OF POLICY It is the policy of the Dallas/Fort Worth International Airport Board to promote 1 i~ ii adequate and efficient courtesy vehicle operations at the Dallas/Fort Worth International Airport. To this end, Rules and Regulations for courtesy vehicle operations on the Airport are developed to protect the public health and safety, promote public convenience and necessity, while minimizing adverse effect on efficient utilization of roadway ,system and terminal curbside space. SECTION 1-2. PURPOSE To establish regulatory guidelines for the control of courtesy vehicles operating at the Dallas/.Fort Worth International Airport. SECTION 1-3. AUTHORITY FOR ADMINISTRATION AND ENFORCEMENT The Director of Transportation is designated as the administrator of the Dallas/Fort Worth International Airport Courtesy Vehicle Rules and Regulations. He shall establish written procedures consistent with the Rules and Regulations for administration of the policy of the Dallas/Fort Worth Airport Board. The Department of Public Safety shall be responsible to enforce these Rules and Regulations. insofar as they address offenses hereunder in Article 5 hereof. -118- SECTION i-4. DEFINITIONS The definition of a term in the Rules and Regulations applies to each grammatical variation of the term. Unless the context requires a different definition: (1) ADMINISTRATOR means the Director of Transportation for the Dallas/Fort Worth International Airport, or his authorized agent, with the responsibility of implementing and administering the Dallas/Fort Worth International Airport Courtesy Vehicle Rules and Regulations. (2) AIRPORT means the Dallas/Fort Worth International Airport. (3) AIRPORT BOARD means the. Dallas/Fort Worth International Airport Board, the governing body of the Airport. (4) COURTESY VEHICLE means every commercial vehicle as herein defined of whatever passenger or pa yload capacity used for the transp ortation of passengers and property owned by those p assengers to, on, or from the Air port, not for hire or direct compensation. (5) DEPARTMENT OF PUBLIC SAFETY means the Department of Public Safety of the Dallas/Fort Worth International Airport Board (6) DEPARTMENT OF TRANSPORTATION means the Department of Transportation of the Dallas/Fort Worth International Airport Board. (7) DRIVER means an individual who drives or operates a courtesy vehicle. (8) HEADWAY means the time interval between vehicles of the same. operator arriving at or driving through any area of a given terminal. (9) HOLDER means a person, or his agent, who is granted operating authority to provide courtesy vehicle service at the Airport. (10) HOLDING STAND means a public place reserved for use by courtesy vehicles and. includes all authorized courtesy vehicle queuing, loading and holding areas. (11) LEGAL RESIDENT means a citizen of the United States or a person residing in the United States in accordance with Federal Immigration Laws. t -119- 1 (i2) OPERATE means to drive or to be in control of a courtesy vehicle. (13) OPERATING AUTHORITY means permission granted by the administrator to operate a :courtesy vehicle service at the Airport. (14) OPERATOR means the driver of a courtesy vehicle, the owner of a courtesy vehicle, or the holder of a courtesy vehicle operating authority. (15) OWNER means the .person to whom state license :plates for a vehicle ;~ were issued. {16) PARKING REVENUE AREA means the area bounded by fences, gate control equipment and arms,, AIRTRANS guideway, and other. areas from which. the Airport produces revenue from parking spaces. (17) PERSON means an individual, a corporation, a government or governmental subdivision, or an agency, trust, partnership, or two or :more persons fiaving a joint or common economic interest. (18) RULES AND REGULATIONS means the Courtesy Vehicle Rules and Regulations established under Chapter 'Six, "Courtesy Vehicle Rules and Regulations," of the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board as amended. ARTICLE II OPERATING AUTHORITY SECTION 2-1. OPERATING AUTHORITY REQUIRED (1) A person may not operate .a courtesy vehicle at the Airport without operating authority granted. under the Rules and Regulations unless the person driving the courtesy vehicle, or another who employs or contracts with the driver, has been granted operating authority under the Rules and Regulations. (2) A person shall not engage a courtesy vehicle -which he knows does. not have -120- 1 operating authority or another form of permission from -the administrator. (3) Operating authority may not be transferred to another person. (4) Operating authority shall not be required where: (a) a courtesy vehicle is owned by a nonprof it organization, ,carries only passengers associated with that organization, and does not receive compensation for carrying the passengers; (b) a vehicle is provided by an employer or an employee association for use in transporting employees between the employees' homes and their place of business, with the employees reimbursing the employer or employee association in an amount calculated only to offset the reasonable expenses of operating the vehicles; (c) a courtesy vehicle , is owned and operated by the federal or state government, by a political subdivision of the state,. or by a person under contract with the federal or state government, or political subdivision of the state for commercial, governmental, institutional, and other type vehicle service; (d) a courtesy vehicle entered the Airport for the purpose of terminating a trip that lawfully originated in another city or political subdivision; (e) the services of a courtesy vehicle have been prearranged and authorized by the administrator. SECTION 2-2. APPLICATION FOR OPERATING AUTHORITY (1) To obtain operating authority, a person shall make application to the administrator in the manner prescribed by this section. T.he applicant must be the person who will own or control the proposed courtesy vehicle. An applicant shall file with the administrator a written, verified application along with the fee, if required. Said application. may request information concerning the courtesy vehicle service and any additional information the administrator considers necessary to :the implementation and enforcement of the Rules and Regulations or the protection of the public safety. -121- ii (2) In addition to the application for operating authority, a separate application shall be submitted for each vehicle for which operating authority is being requested. (3) A holder commits a violation if he fails to comply with the conditions or limitations placed on the operating authority under which he is operating. SECTION 2-3. RENEWAL OF OPERATING AUTHORITY (1) A holder shall apply for renewal of his operating authority at least 30 days before the expiration of the operating authority. (2) Within a reasonable time from the date of application, the administrator shall approve or deny the application for renewal. (3) The. administrator shall renew the operating authority -only if he determines that the holder: (a) has performed satisfactorily under the terms of the, operating. authority; and (b) is in compliance with all requirements of the Rules and Regulations. (4) Operating authority shall be renewed annually in January. If the operating authority is issued for a period of less than one year, the annual fee shall be prorated on the basis of whole months. SECTION 2-4. DENIAL OF APPLICATION FOR ISSUANCE OR RENEWAL (1) The administrator shall deny .issuance or renewal of operating authority if he finds that the applicant has: (a) failed to comply with the requirements set forth in the Rules and Regulations or orders established under the Rules and Regulations ;or (b) been either convicted twice, or suspended twice, or convicted once and suspended once, for a violation of the Rules and Regulations within. the preceding two years; or -122- ,'' (c) made a false statement as to a rnateriai .matter in the application for operating authority; or (d) been convicted for a violation of another city, state, or federal law or ,, regulation which indicates lack of fitness of the applicant to perform a public transportation service; or (e) had his o eratin authorit revoked within the recedin two ears. SECTION 2-5. SUSPENSION AND REVOCATION OF OPERATING AUTHORITY (1) The administrator may suspend or revoke operating authority if he determines that the holder has: (a) made a false statement as to a material matter in the application for ~~ operating authority; (b) failed to comply with the provisions of the Rules and Regulations or orders established under the Rules and Regulations; (c) failed to comply with the terms and conditions of the operating authority, including, but not limited to, operating a type of service not authorized by the operating authority or operating a service in a manner not authorized by the operating „, authority; (d) been convicted for a violation of another city, state, or federal law or regulation which indicates lack of fitness of the holder to perform a public transportation service; (e) failed to pay all required fees. (2} The administrator may suspend a holder's operating authority for a period not to exceed 60 days. At the end of the suspension period, the holder may file with the administrator a written request for reinstatement of operating authority. The administrator shall determine if the deficiency causing the suspension has been corrected by the holder and approve or deny reinstatement of the operating authority. -123- 1 (3) A holder whose operating. authority has been revoked shall not reapply for operating authority before the expiration. of 24 months from the date of revocation or, in the case of an appear, the date the appeal. hearing officer affirms the revocation. SECTION 2-6. APPEAL OF DENIAL, SUSPENSION, OR REVOCATION OF OPERATING AUTHORITY. (1) If the administrator denies issuance or renewal of courtesy vehicle, operating authority, suspends or revokes courtesy vehicle operating authority, or issues a penalty under the Courtesy Vehicle Rules and Regulations, the action is final unless within 10 days from the date of receiving notice of the action, the affected applicant or holder files an appeal, in writing, with the Executive Director of the Airport specifying the reason for the appeal. (2) The Executive Director of the Airport or .his designated representative shall act as the appeal hearing officer in the appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument in his behalf. The formal rules of evidence do not, apply to an appeal hearing under this section, and the hearing officer shall make his ruling on the basis of a preponderance of evidence presented at the hearing. (3) The hearing officer may affirm, modify, or reverse .all or part of the action or order of the administrator being appealed. The decision of the hearing officer is final. (4) The appealing party shall comply with the decision of the appeal ,hearing officer. (5) If the holder appeals the suspension or revocation of courtesy vehicle operating authority, he may ,continue courtesy vehicle service at the Airport pending the appeal unless the administrator determines that continued operation by the holder would impose an immediate threat to the public safety. -124- N 2-7. FEES. SEGTIO Holders granted operating authority shall be assessed -fees in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. ARTICLE III. DECAL/INSIGNIA CRITERIA SECTION 3-1. DECAL/INSIGNIA ISSUANCE CRITERIA Decals or other authorized insignia will be issued to those companies and/or agencies authorized to operate courtesy vehicles as stipulated in their Specific operating authority. ARTICLE IV. SERVICE RULES AND REGULATIONS SECTION 4-1. SERVICE RULES AND REGULATIONS (1) Holder's and Driver's Duty to Comply: (a) Holder. In the operation of a courtesy vehicle service, the holder shall comply with the terms and conditions of the operating authority and lawful orders of the administrator and the Rules and Regulations and other laws applicable to the operation r of the applicable service. (b) Driver. While operating a courtesy vehicle at the Airport, a driver, shall comply with the Rules and Regulations, other laws applicable to the operation of a motor vehicle within the boundaries of Airport property, and lawful orders of the administrator, and orders issued b y the holder emplo ying the driver in connection with the holder's discharge of its duty under its operating authority and the Rules and Re gulations. 1 -125- 0 SECTION 4-2. HOLDER'S DUTY TO ENFORCE C0l1RPLIANCE BY DRIVERS (1) A holder shall establish policy and take all necessary action to preven# or correct violations of the Rules- and Regulations by drivers. (2) A holder shall not permit a driver who is employed by or contracting with the holder to operate a vehicle if the holder knows or has reason to know that the driver has failed to comply with the Rules and Regulations or other applicable law. SECTION 4-3. HOLDER'S SERVICE RESPONSIBILITIES (1) All service at the Airport. shall be provided in accordance with. service ,levels and standards approved by the administrator. (2) All persons engaged in courtesy vehicle operations shall cooperate with the administrator in all phases of his operations to provide prompt .and efficient service. (3) All holders shall be responsible for training all drivers ,employed ;by or contracting with the holders in general knowledge of the Airport to ensure correct. and accurate information is transmitted to Airport .patrons should questions. be asked regarding location of facilities, services, or other assistance. SECTION 4-4. INSURANCE (1) A holder shall maintain in force during. the authorized .;period of its operating authority an amount and character of insurance coverage for all motor. vehicles used in its courtesy vehicle service providing no -less than comprehensive automobile liability of $250,000 per person, $500,000 per occurrence for bodily injury and death, and $100,000 for property damage. Should the partial waiver of tort claims immunity of a municipality be expanded as a result of the action of any governmental body or regulatory agency, the higher liability thereby imposed shall .automatically become the minimum liability insurance limits required by this section. Operating authority will not be granted or renewed unless the applicant or holder '~ -126- furnishes the administrator with all proof of insurance the administrator considers Ill necessary to determine whether the applicant or holder is adequately insured under this section. (2) Except for self-insurance, insurance required under this section must: (a) be carried with an insurance company authorized to do business in the State of Texas; (b) name as additional insureds the Dallas/Fort Worth International Airport Board, the Cities of Dallas and'Fort Worth, and their officers and employees; and (c) include a cancellation rider under which the insurance. company is required to notify the administrator in writing not less than 30 days before canceling or making a material change to the insurance policy. (3) A holder may be self-insured in the manner prescribed by the Texas Safety- Responsibility Act if the administrator determines that the holder can furnish protection of the same character and amount as if the insurance were carried by an insurance company. In considering authorizations of self-insurance, the administrator shall consider the financial fitness and- the past record of management responsibility of the holder and may establish maximum coverage limits for which the holder may self- insure. If at any time the administrator determines that aself-insured holder is unable to provide adequate self-insurance, the administrator by written notice shall order the holder to acquire insurance from an insurance company and the holder shall comply with the order not more than 30 days after the notice is served. (4) A copy of documents establishing compliance with insurance requirements shall be on file with the administrator at all times. Failure to maintain minimum insurance standards shall result in the immediate suspension of holder's operating authority. If operating authority is suspended for failure to maintain insurance, it may not be reinstated until satisfactory proof of insurance meeting minimum requirements is submitted to and confirmed by the administrator. The fee for reinstatement of operating m -127- authority after a suspension under this subsection is $200. SECTION 4-5. VEHICLE INSPECTION (1) A holder shall maintain vehicles in safe mechanical condition and shall maintain the interior and exterior of the vehicles in good repair. All courtesy vehicles will comply with the .appropriate state and federal inspection laws. and holder shall maintain evidence of compliance. (2) A .holder shall have each vehicle to be used in courtesy. vehicle service inspected in a manner approved by the administrator before operating authority is issued and at such other times as may be ordered by the administrator. Inspection shall determine safety of the vehicle, condition of maintenance, and compliance with state and federal laws regulating emission of air contaminants. (3) A holder may have a reasonable number of reserve vehicles inspected for use when a 'vehicle designated by operating authority is out-of-service. The administrator shall determine the number of reserve vehicles that a holder may have inspected when reserve vehicle inspection is requested. (4) The administrator may designate the time and- place for annual inspection of vehicles operated under operating. authority. If the administrator designates someone other than an Airport Board employee to perform. the inspection, the applicant or holder shall bear the reasonable cost of inspection. (5) A holder may contract for maintenance but shall be responsible for maintaining all vehicles operated under his operating authority in safe operating condition. SECTION 4-6. VEHICLE. EQUIPMENT (1) A holder, owner, or driver of a courtesy vehicle shall provide and maintain. the '~ following equipment for each courtesy vehicle: -128- an air conditioner s stem ca able. of coolin the assen er com artment (a) Y P g P g P to 20 degrees below the outside temperature and a heater; {b) afire extinguisher of at least one quart capacity; and (c) a decal complying with Section 3-1 of the Rules and Regulations. (2) All courtesy vehicles and ail courtesy vehicle equipment must comply with all applicable federal and state motor vehicle safety standards. (3) This section does not apply to a courtesy vehicle service with -all points of destination outside Dallas and. Tarrant. counties. SECTION 4-7. HEADWAYS (1) Passengers, baggage, and goods shall be loaded and unloaded or services delivered into a courtesy vehicle only at designated holding stands or permitted spaces. (2) Unless otherwise authorized by the administrator, courtesy vehicles shall use the lower level at terminals to discharge passengers, except when hardship would result to a passenger afflicted with a physical or mental disability. (3) Between the hours of 6:00 a.m. and 11:00 p.m., each holder shall maintain average headways between its vehicles of not less than five. (5) minutes; however, at no time shall a holder run more than twenty (20) vehicle trips during any sixty (60) minute period, including "looping" vehicles. For purposes of this Section, a "looping" vehicle is a vehicle which passes through any sub-terminal without stopping. Any planned decrease in headway times from these must first receive administrator°s prior written approval not less than seventy-two (72) hours before such change. (4) The. administrator may impose reasonable penalties against any holder for violation of that operator's headways, which may include the following: (a) institution of headway penalties, which may include a temporary or permanent increase in the headway times between holder's vehicles; or (b) such other penalties as the administrator may reasonably determine as ~~ -129- I~ necessary to ensure future compliance with this section. (5) The administrator will devise a reasonable, objective method of review to ascertain any such holder's headways from time to time. Such method of review will take into account peak traffic times,. holiday periods and the like. SECTION 4-8. CONDUCT OF DRIVER (1) A driver shall: (a) conduct himself in a reasonable, prudent, and courteous manner; and (b) maintain a sanitary and well-groomed appearance; and (c) not. consume 1. any alcoholic beverage, 2. any drugs or 3. any other substance which could adversely affect his ability to operate a motor vehicle; and (d) not interfere with the administrator in the performance of his duties; and (e) remain in their vehicles, except to assist passen ers with their luggage or to offload their payload; and (f) comply with lawful orders of the administrator , .issued in the performance of his duties; and (~ not deposit any bottle, can, trash,, debris, junk, or other object on or around the Airport except in an authorized trash receptacle; and (h) abide by all Rules and Regulations of the Airport Board regarding traffic control, personal conduct, and other applicable state and local laws and regulations. SECTION 4-9. AUTHORITY TO INSPECT The administrator may inspect a courtesy vehicle service operating at the Airport to determine whether the service complies with the Rules and Regulations established for courtesy vehicle.. operation or other applicable law. I, -130- 1 SECTION. 4-10. CORRECTION ORDER (1) If the administrator determines that a holder is in violation of the terms of its operating authority, the Rules and Regulations, a lawful order of the administrator, or other law, the administrator may notify the holder in writing of the violation and by written order direct the holder to correct the violation within a reasonable period of time. In setting the time for correction, the administrator shall consider the degree of danger to the public health or safety and the nature of the violation.. If the violation involves equipment that is unsafe or functioning improperly, the administrator shall order the holder to immediately cease use of the equipment. (2) If the administrator determines that a violation is an imminent and serious threat to the public health or safety, the administrator shall order the holder to correct the violation immediately If the holder fails to comply, the administrator shall promptly take or cause to be taken any action he considers necessary to the immediate enforcement of the order. (3) The administrator shall include in a notice issued under this section: (a) an identification of the violation; (b) the date of issuance of the notice; (c) the time period within which the violation must be corrected; (d) a warning that failure to comply with the order may result in suspension or revocation of operating authority, imposition of a fine, or both; and (e) a statement indicating that the order may be appealed to the Executive Director of the Airport. SECTION 4-11. SERVICE OF NOTICE (1) A holder shall designate and maintain a representative to: (a) receive service of notice required under the Rules and Regulations to be -131- C~ 1 given a holder; and (b) serve notice required under the Rules and Regulations, to be given a. ' driver employed by or contracting with a holder. (2) Notice required under the Rules and Regulations to be given: (a) a holder must be personally served by the administrator on the holder or the holder's designated representative or served by certified United States mail, five-day return receipt requested,. to the address last known to the administrator of the person to ' be notified, or to the designated representative of the holder; (b) a driver authorized by operating authority granted under Article II must ' be personally served by the administrator or served by certified United States mail, five- daY return receipt .requested, to the address, last known to the administrator, of the ' person to be notified or to the designated representative for the driver; or (c) a person other than a driver authorized by operating authority granted under Article II or a holder may be served in the manner prescribed by Subsection (2~b) of this section. (3) Service executed in accordance with this section constitutes notice to the 1 person to whom the notice is addressed. The date of service for a notice that is mailed is the date of receipt. ARTICLE V. OFFENSES ' -132- u SECTION S-1. PARKING (l) All courtesy vehicles shall be parked only on designated holding stands and for a maximum of five minutes. If holding or layover exceeding five minutes is required, use of designated layover areas is mandatory. (2) A person commits an offense if he: (a) parks a vehicle on a designated holding stand without authorization from the administrator; or (b) leaves a vehicle unattended on a designated holding .stand; provided, however, that a driver may leave his courtesy vehicle to assist a passenger as long. as he shall remain within 25 feet of his courtesy vehicle. (3) In proving an offense under Subsection: (2)(a), it is prima facie evidence that a vehicle is unauthorized if the vehicle is not equipped with a decal in accordance with Section 3-1 of these Rules and Regulations. (4) A vehicle left unattended on a designated holding stand in violation of Subsection (2)(b) is illegally parked and may be removed from the holding stand and impounded with all towing and storage fees to be paid by the vehicle owner. SECTION 5-2. LOADING AND DISCHARGE OF PASSENGERS 1 A person commits an offense if he: (1) Loads passengers or baggage or discharges passengers or baggage at the Airport in a location other than an area specifically authorized by the administrator for the loading or discharge of passengers or baggage to or from a courtesy vehicle. SECTION 5-3. SOLICITATION AND ACCEPTANCE OF PASSENGERS A person commits an offense if he: (1) by word or gesture solicits or accepts a passenger for a courtesy vehicle at the Airport in a location other than an area specifically authorized by the administrator for -133- the solicitation or acceptance of courtesy vehicle passengers; '' (2) solicits a passenger by means of an electronic device designed to amplify sound ' or in a manner that unreasonably annoys or obstructs the movement of a person; or (3) pays an employee of another business to solicit passengers for or give preferential treatment in directing passengers to a courtesy vehicle, unl"ess the person has written permission from the Executive Director, or his designated representative. SECTION 5-4. CRUISING THE AIRPORT A driver shall not cruise the Air. ort. A driver is "cruisin " an time that he drives within 1,000 feet of a terminal or a hotel on the Airport without: (1) a passenger to be discharged at the terminal or gate; (2) following the approved schedule and route contained in the holder's operating authority, if applicable; (3) trip authorization by the administrator; (4) assignment for a prearranged trip; or (5) taking a direct route to leave the Airport. SECTION 5-5. DECALS (1) A holder shall obtain from the administrator a decal indicating a courtesy vehicle authority to operate at the Airport. The decal must be attached to each courtesy vehicle in a manner and location approved by the administrator. (2) The administrator may cause a decal to be removed from a courtesy vehicle which at any time fails to meet the minimum standards for appearance, condition, age or equipment. The fee for the reissuance of a decal to a courtesy vehicle from which a ' decal has been removed by the administrator is $25. (3) A person commits an offense if he: ' (a) operates a courtesy vehicle at the Airport with an expired decal or with -134- le ur ose of terminator a tri that lawful! no decal affixed to it, except fir the s~ p r g originated outside the Airport; (b) attaches a decal to a vehicle not authorized to operate as a courtesy vehicle at the Air ort; or (c) parks a vehicle on a courtesy vehicle holding stand. with an ;expired 1 decal or with no decal affixed to it. SECTION 5-6. ADVERTISEMENT OF COURTESY VEHICLE SERVICE (1) A person commits an offense under the Rules and Regulations if he advertises or causes to be advertised the. o eration of a courtes vehicle service that does not have ' valid operating authority under this article when the advertisement is reasonably calculated to be seen by persons seeking courtesy vehicle service at the Airport. (2) It is a defense to prosecution under Subsection (1) that the person was the publisher of the advertising material and had no knowledge that the courtesy vehicle service did not have operating authority under this article. ARTICLE VI. ENFORCEMENT SECTION 6-l. ENFORCEMENT Enforcement shall be by the Department of Public Safety for vehicle operation and parking violations and by the Department of Transportation, or its authorized agent for other violations of the terms and conditions of the operating authority which may possibly lead to the denial, revocation, or suspension of .such, operating. authority under these -Rules .and Regulations. ,' -135- u ~ SECTION 6-2. OFFENSES (1) A person commits an offense if he violates or attempts to violate any provision of Article 5 of these Rules and Regulations. A culpable mental state_ is not required for the commission of an offense under the Rules and Regulations unless the provision defining the conduct expressly requires a culpable mental state. A separate. offense is committed each time a violation of any section of Article 5 occurs. Except. as otherwise ' provided herein, an offense committed under the Rules and Regulations is punishable by a fine not to exceed $200.00. (2) Prosecution of an offense under Subsection (1) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with, or the conduct involved in, the offense. n I~ i -136- 1 1 1 1 CHAPTER SEVEN POLLUTION CONTROL RULES AND REGULATIONS r 1 0 u 1 1 ' -137- 1 CHAPTER SEVEN POLLUTION CONTROL RULES AND REGULATIONS ,' PAGE Sec. l ................................................................139 Sec. 2 ................................................................144 Sec. 3 ................................................................144 ^ Sec. 4 ................................................................145 -138- CHAPTER SEVEN POLLUTION CONTROL RULES AND REGULATIONS SECTION 1. That the Code of Rules and Regulations of the Dallas-Fort Worth bt~~X~~~X International Airport Board, adopted by Resolution Number 71-172, is hereby amended by adding to Chapter Three thereof, entitled "Personal Conduct", a Section 17 to be entitled "Control of Introduction of Pollutants into Sanitary Sewers", such Section to read as follows: "SECTION 17. Control of Introduction of Pollutants into Sanitary Sewers. (a) DEFINITIONS: (1) DALLAS-FORT WORTH bt~f~X~gVQI~L INTERNATIONAL AIRPORT BOARD Dallas-Fort Worth bC~gX~~~X International Airport, herein sometimes called ~j "Board", means the (11) persons appointed to operate and establish policy for the b1 ~~X~~~X International Airport pursuant to the Contract and Agreement entered into by and between the it of Dallas Texas and the Cit of Fort Worth Texas dated and C Y Y > > effective as of April 15, 1968. ~_ (2) AIRPORT Airport means the Dallas-Fort Worth b~~~X~d~~X International ~' .Airport situated in Dallas and Tarrant Counties (3) POLLUTANTS Pollutants means any one or more of the chemical ~~ substances set forth in Attachment 1 hereto which is a list promulgated by the United States Environmental Protection Agency. (4) TRINITY RIVER AUTHORITY Trinity River Authority, herein sometimes called "Authority", is an agency of the State of Texas created by Article XVI, Section 59, of the Texas Constitution. ~~ -139- 1 (5) ENVIRONMENTAL PROTECTION AGENCY Environmental Protection Agency, herein sometimes called "EPA", is an agency of the United States of America created in 42 U.S.C.A., Sec. 4321,to control environmental pollution. (6) NONDOMESTIC SOURCES Nondomestic Sources means the places where sanitary sewer waste orginates other than structures built primarily for human habitation. (7) PLUMBING FACILITIES Plumbing Facilities means all of the installations in nondomestic structures which provide for the entry of water and the exit of waste water. (8) EXECUTIVE DIRECTOR The Executive Director is the Chief '~ Operating Officer of the Board appointed pursuant to Section 8. of the 1968 Contract between the Cities. ~~ (9) SANITARY SEWER SYSTEM Sanitary Sewer System means all pipes, ~~ sewerage installations and all other facilities for the conveyance and treatment of domestic waste water. (10) BUILDING OFFICIAL Building Official means the Director of the Department of Planning and Engineering of the Board Staff or such other person as may be appointed same by the Executive Director. (11) PUBLICLY OWNED TREATMENT WORKS Publicly Owned Treatment Works herein sometimes called "POTW", means a sewer treatment plant owned by State, Municipality or any agency of these two entities. (12) DOMESTIC WASTE WATER (Sanitary sewerage) Liquid and water carried waste discharged from sanitary conveniences of dwellings, business buildings, institutions and the like, including Properly Shredded Garbage. (13) INDUSTRIAL WASTES Liquid wastes from industrial processors as distinct from wastes in domestic waste water. -140- i 1 (14) INDUSTRIAL USER (IU) Any person, including but not limited to, any individual firm, partnership, corporation, association, municipality, or any other legal entity, who discharges or desires to discharge industrial wastes to the Board's Sanitary Sewer System. (15) SIGNIFICANT INDUSTRIAL USER (SIU) Any industrial user who is connected or desires to connect to the Board's sanitary sewer system and meets at least one of the following criteria: (i) Average industrial wastewater discharge rate greater than 50,000 gpd. (ii) BOD and/or suspended solids concentrations in industrial wastewater greater than 250 mg/1. (iii) Industrial category regulated by National Pretreatment Standards as promulgated by the United State Environmental 1 Protection Agency. (b) It shall be unlawful for the occupant or lessee of any property or premises on the Airport to introduce or discharge in any manner any of the following chemical substances or pollutants, collectively called "pollutants", in concentrations shown in Attachment 1 hereto, into any opening, sink, basin, drain, toilet bowel, water closet, urinal or other receptacle which enters or is connected to any part of the sanitary sewer system of the Airport. In the event that the listing of the pollutants and/or the ,percentages allowable shown m Attachment 1 should be changed by the United State Environmental Protection Agency, its successor or alternate agency, then such change shall automatically become effective when the change or new list is physically attached to the Original of this Resolution and that portion so altered shall be considered rescinded and repealed. (c) For each existing and future SIU, the Board shall require said user to complete and submit a permit application containing the information specified in the -141- '~ attached application, Attachment 2 hereto. The Board shall provide a copy of the permit application to the Authority within (30) days after receipt. The Authority shall provide comments on said application within thirty (30) days of receipt and return comments to the Board. Failure to comment within thirty (30) days of receipt of the permit application shall be construed as concurrence by the Authority. After approval of the permit application by both the Board and the Authority, the Board shall issue a Permit to Discharge which shall be substantially similar to the one shown on Attachment 3 hereto. Said Permit to Discharge shall be required of all SIUs before said user will be allowed to discharge industrial wastes into the Sanitary Sewer System. The Board shall forward a copy of the permit to the Authority. (d) The Board shall require SIUs and IUs to comply with applicable Federal Categorical Pretreatment Standards as well as any applicable state and local standards. (e) In dealing with the information contained in the SIU's permit application, the Board shall comply with the confidentiality requirements of 40 CFR 403. 14. Effluent data shall be considered nonconfidential material. (f) Dilution as a means of reducing pollutant concentrations in a SIU's waste stream shall not be allowed. (g) The Board's Building Official for his designee shall be authorized to enter all premises of all tenants (including all IUs and SIUs) at any reasonable time to carry out all inspections, surveillance and monitoring procedures necessary to determine compliance with the terms hereof. Such inspectors shall have the right of entry to any premises or property, or any room or compartment, for the purpose of inspecting, sampling and monitoring industrial waste discharges, and reviewing and copying applicable records The analysis of waste discharges shall be conducted in accordance with EPS- approved procedures as included in 40 CFR 136, Guidelines for Test Procedures for the Analysis of Pollutants. The anlysis of any parameter not included in 40 CFR 136 shall be conducted in accordance with procedures established in the 15th edition of STANDARD -142- 1 "~ METHODS FOR THE EXAMINATION OF WATER AND WASTE WATERS, APHA - AWAA - WPCF, 1981. (h) The Board shall require all IUs and SIUs to submit self-monitoring reports at their expense. These reports shall include, .but not be limited to, compliance schedule progress reports, compliance reports on categorical standards deadlines, and any reporting required of categorical industries by the EPA. (i) The Board may require IUs and SIUs to pay applicable fees for the following: 1. Inspection of the premises to determine compliance; 2. Sampling and testing of industrial waste discharges to determine compliance; 3. Disconnection/reconnection of service resulting from noncompliance; 4. Abnormal strength wastes; 5. Additional costs incurred by the Board or the Authority in transporting or treating wastes; 6. Filing, revising or renewing of permit .application. ~~ (1) The Board shall provide public notification to IUs or SIUs for instances of violations. (k) The Board shall deny/revoke permits, disallow /disconnect sanitary sewer service, and seek other available legal and equitable remedies against IUs and SIUs for: 1. Discharge to Sanitary Sewer System resulting in violation of Authority's discharge permit conditions; 2. Hazard to health or life of Authority's personnel or uses of receiving waters; 3. Violation of any applicable law, ordinance or regulation; 4. False information transmitted to approving authority through permit application, monitoring reports, etc. -- {1) An Appeal by the occupant of lessee (including IUs and SIUs) of premises who -143- feels a rieved b any decision of the Board's Buildin Official may be made in writirr to gg Y g g the Executive Director, who may authorize another official to hear same. Such appeal shall be a necessary requisite to exhaust the appellant's administrative remedies." SECTION 2. That the sections, paragraphs, sentences, clauses, phrases and words of this Resolution are severable, and if any such section, paragraph, sentence, clause, phrase or word of this Resolution should be declared unconstitutional by a valid, subsisting Judgment or Decree of any Court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, phrases or words, since the same would have been enacted without the incorporation in this Resolution of any such unconstitutional section, paragraph, sentence, clause, phrase or word. Further, the passage of this Resolution shall in no manner affect any other provision of the Code Of Rules and Regulations of the Dallas-Fort Worth bt~~~~~~X International Airport Board, and all such other provisions shall remain in full force and effect. SECTION 3. That the violation of any provision of this Resolution, where an act or a failure to act is made unlawful or is otherwise prohibited, shall be punishable by a fine not to exceed $1,000.00 for each offense, and each day a violation shall continue shall constitute a separate offense; provided, however, that where the offense is one for which a penalty is otherwise fixed by State or Federal law, such State or Federal la~~ shall govern, if either is exclusive. -144- 1 1 1 1 1 1 1 1 1 1 1 r r SECTION 4. That this Resolution shall become effective upon approval by the City Councils of the Cities of Dallas and Fort Worth, and after publication of a substantive statement thereof and the penalty for violations thereof in a newspaper of general circulation in each of the Counties of Dallas and Tarrant. Such publications shall state that a breach hereof will subject the violator to the infliction of a penalty and shall state that the full text of this Resolution is on file in the Principal Office of the Board, where the same may be read by any interested party. PASSED this 1st day of May , 1984. Attest: BOB BOLEN, Chairman Dallas-Fort Worth bt~~l~l~~X International Airport Board Staff Secretary Dallas-Fort Worth bt~~X0~1~~X International Airport Board -145- 1 1 1 r i 1 1 1 i 1 1 1 1 1 l Pollutant Antimony Arsenic Barium Beryllium Bismuth Boron Cadmium Chromium (total) Cobalt Copper Cyanides Fluorides Hydrogen Sulfide Lead Manganese Mercury Molybdenum Nickel Phenol Selenium Silver Tin Uranyl-lon Zinc Cyanides or Cyanogen Compounds (capable of liberating hydrocyanic gas on acidification) Total Toxic Organics Attachment 1 -146- Maximum Allowable Concentration (mg/1) 0.010 0.100 2.000 0.010 0.500 1.000 0.100 3.500 1.000 2.500 1.000 1.500 0.100 2.000 3.500 0.005 1.000 1.500 0.005 0.020 0.100 1.000 5.000 2.500 0.200 1.000 1 Attachment 2 APPLICATION FOR A PERMIT TO DISCHARGE INDUSTRIAL WASTEWATER TO THE SANITARY SEWER Note to Signing Official: Please complete and return this application within 180 days. Signing officials must have authorization to provide information on behalf of the company. Information considered confidential by your company should be clearly marked so that this information can be maintained in separate, limited access files. SECTION A. General Information 1. Con3pany Name 2. Maili2-g Address Zip Code 3. Facility Address Telephone Number (address where sewer service is requested 4. Is company currently in operation at facility address? YES NO SECTION 8. Products or Service Information 1. Brief description of manufacturing processes or service activity at the facility including rate of production, if applicable: 2. Principal raw materials, including chemicals, catalysts, solvents, etc., used in any phase of the manufacturing process or service activity: 3. Hours per day of operation 4. Standard Industrial Code Number (4 digits). 5. List other environmental control permits held at this time. 6. Attach a proper plat prepared by an engineer or architect showing locations of water and sewer connections, manholes, traps, etc. Also indicate the locations of an acceptable monitoring station for collecting samples and measuring flows of the industrial wastewater streams prior to discharge to the sanitary sewer. Number of employees Days per week of operation -147- SECTION C. Wastewater Discharge Information 1. Indicate the types and quantity of industrial wastewater by completing the table below: Check Industrial Appropriate Flow Flow Metered Flow Estimated Flow Proposed Box For Average Daily/ (check (check For New Type Of Maximum Daily if yes) if yes) Industry Wastewater (check if yes) (a) Process Wastewater; Continuous Discharge / Batch Discharge / (b) Boiler Slowdown / (c) Cooling Water Release / (d) Plant and Equipment / Washdown (e) Other specify For each wastewater stream attach a schematic of water flow that depicts the water source, industrial units where water is used and pretreatment units. 2. Wastewater Quality. The applicant must present information on the quality of industrial wastewaters. Samples collected from wastewater streams should be representative of daily operations. Analytical procedures should follow those in Standard Methods for the Examination of Water and Wastewater, APHA-AWWA- WPCF, 14th Edition, 1975. 1 -148- 1 1 1 1 1 1 1 1 (a) Conventional Pollutants - In the spaces below, indicate the average and maximum value of each constituent in the discharge. Maximum Average Wastewater Constituent Value Value Biochemical Oxygen Demand (5 day) mg/1 Total Suspended Solids mg/1 pH pH units Temperature °F -149- 1 (b) Priority Pollutant Information: Please indicate by placing an "x" in the appropriate box by each listem chemical whether it is "Suspected to be Absent", "Known to be Absent", "Suspected to be Present", or "Known to be Present" in your manufacturing or service activity or generated as a by-product. ITEM Suspected Known Suspected Known NO. CHEMICAL COMPOUND Absent Absent Present Present 1. Asbestos (fibrous) () () () ( ) 2. Cyanide (total) () () () ( ) 3. Antimony (total) () () () ( ) 4. Arsenic (total) () () () ( ) 5. Beryllium (total) () () () ( ) 6. Cadmium (total) () () () ( ) 7. Chromium (total) () {) () ( ) 8. Copper (total) () () () ( ) _ 9. Lead (total) () () () ( ) 10. Mercury (total) () () () ( ) 11. Nickel (total) () () () ( ) 12. Selenium (total) () () () ( ) 13. Silver (total) () ~) () ( ) '~ 14. Thallium (total) O O O ( ) 15. Zinc (total) () () () ( ) 16. Acenaphtene () () () ( ) 17. Acenaphythylene () () () ( ) `~ 18. Acrolein () () () ( ) 19. Acrylonitrile () () () ( ) 20. Aldrin O O O ( ) 21. Anthracene () () () ( ) -- 22. Benezene O O O ( ) 23. Benzidine () () () ( ) 24. Benzo (a) anthracene () () () ( ) 25. Benzo (a) pyrene () () () ( ) 26. Benzo (b) fluoranthene () () () ( ) 27. Benzo (g,h,i) perylene O O O ( ) 28. Benzo (k) fluoranthene O O O ( ) 29. a-BHC (alpha) O O O ( ) 30. 31 b-BHC (beta) O O O ( ) d-BHC (delta) O O O ( ) 32. g-BHC (gamma) O O O ( ) 33. Bis (2-chloroethyl)ether O O O ( ) 34. Bis (2-chloroethoxy)methane O O O ( ) 35. Bis (2-chloroisopropyl)ether O O O ( ) 36. Bis (chloromethyl)ether () () () ( ) 37. Bis (2-ethylhexyl)phthalate () () () ( ) 38. Bromodichloromethane () () () ( ) 39. Bromoform O O O ( ) 40. Bromomethane () () () ( ) 41. 4-Bromophenylphenyl ether () () () ( ) ~' -150- 42. Butylbenzyl phthalate 43. Carbon Tetrachloride 44. Chlordane 45. 4-Chloro-3-methylphenol 46. Chlorobenzene 47. Chlorethane 48. 2-Chloroethylvinyl ether 49. Chloroform 50. Chloromethane 51. 2-Chloronaphthalene 52. 2-Chlorophenol 53. 4-Chlorophenylphenyl ether 54. Chrysene 55. 4,4' - DDD 56. 4,4' - DDE 57. 4,4' -DDT 58. Dibenzo (a,h)anthracene 59. Dibromochloromethane 60. 1,2' Dichlorobenzene 61. 1,3- Dichlorobenzene 62. 1,4- Dichlorobenzene 63. 3,3'-Dichlorobenzidine 64. Dichlorodifluoromethene 65. 1,1- Dichloroethane 66. 1,2- Dichlorethene 67. 1,1- Dichlorethene 68. Trans-l.2- Dichloroethene 69. 2,4- Dichlorophenol 70. 1,2- Dichloropropane 71. (Cis & Trans)1,3 - Dichloropropene 72. Dieldrm 73. Diethyl Phythalate 74. 2,4- Dimethylphenol 75. Dimethyl Phthalate 76. Di-n-butyl Phthalate 77. Di-n-octyl Phthalate 78. 4,6- Dinitro-2-methylphenol 79. 2,4- Dmrtrophenol 80. 2,4- Dinitrotoluene 81. 2,6- Dinitrotoluene 82. 1,2- D~phenylhydrazine 83. Endosulfan I 84 Endosulfan II 85. Endosulfan Sulfate 86. Endrin 87. Endrin Aldehyde 88. Ethylbenzene 89. Fluoranthene 90. Fluorene 91. Heptachlor 92. Heptachlor epoxide 93. Hexachlorobenzene 94. Hexachlorobutediene -151- J 95. Hexachlorocyclopentadiene 96. Hexachloroethane 97. Indeno (1,2,3-cd) Pyrene 98. Isophorone 99. Methylene Chloride 100. Naphthalene 101. Nitrobenzene 102. 2-Nitrophenol 103. 4-Nitrophenol 104. N-Nitrosodimethylamine 105. N-Nitrosodi-n-propylamine 106. N-Nitrosodiphenylamine 107. PCB-1016 108. PCB-1221 109. PCB-1232 110. PCB-1242 111. PCB-1248 112. PCB-i 254 113. PCB-1260 114. Pentachlorophenol 115. Phenanthrene 116. Phenol 117. Pyrene 118. 2,3,7,8-Tetrachlorodibenzo- p-doxin 119. 1,1,2,2-Tetrachloroethane 120. Tetrachloroethene 121. Toluene 122. Toxaphene 123. 1,2,4-Trichlorobenzene 124. 1,1,1-Trichloroethane 125. 1,1,2-Trichloroethane 126. Trichloroethene 127. Trichlorofluoremethane 128. 2,4,6-Trichlorophenol 129. Vinyl Chloride -152- G For chemical compounds which are indicated to be "Known Present" please list and provide the following data for each (attach additional sheets if needed). Estimated Annual Loss To Item Usage Sewer No. Chemical Compound (lbs) (lbs/year) Average Concentration In Discharge (mb/1) Maximum Concentration In Discharge (mg/1) -153- 0 3. Is your discharge subject to national Pretreatment Standards established under 40 CFR, Chapter 1, Subchapter N. YES NO The above question must be answered with certainty. For additional information regarding National Pretreatment Standards, applicant should contact Region VI of the Environmental Protection Agency at (214) 767-2630 or the Trinity River Authority, Northern Regional Office at (817) 467-4223. 4. For existing significant industrial users, if the answer to the above question is yes, please indicate the applicable pretreatment standards in the space provided below and attach a statement reviewed by applicant's authorized representative and certified by a qualified professional, indicating whether applicable pretreatment standards are being met on a consistent basis. If applicable pretreatment standards are not being met on a consistent basis, certified statement should indicate the following: a. Whether additional operation and maintenance (O&M) and/or additional pretreatment is required for applicant to meet pretreatment standards; and b. The shortest schedule by which applicant will provide additional O&M or pretreatment. The completion date in this schedule must not be later than compliance date established for applicable pretreatment standard. Applicable Standards C'nn~titt~ent Limit(s) -1.54- 5. F or new significant Industrial users describe the pretreatment processes proposed for your facility to meet the requirements listed in Item 4. (Examples: neutralization, materials recovery, grease traps, sand traps, etc.) I the undersigned applicant, being the authorized representative of the herein named company, do hereby request a Permit to continue to use or to establish an industrial sewer connection at the location indicated herein and do agree to comply with provisions of City Ordinance Signature of Applicant Date Name of Signee Please Print Name and phone number of person to contact regarding Permit information. CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF )( Before me, the undersigned authority, on this day personally appeared of a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for purposes and considerations therein expressed, in the capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on the day of 19 Notary Public in and for County, Texas My Commission Expires: -155- Attachment 3 DALLAS/FT. WORTH bt~~X~4~1~~ INTERNATIONAL AIRPORT BOARD PERMIT TO DISCHARGE INDUSTRIAL WASTEWATERS TO THE SANITARY SEWER Name of Industry (Permittee) Address location of sewer service Permit No. Account No. The above named Permittee is authorized to discharge industrial wastewaters to the sanitary sewerage system according to the provisions of this Permit. Authorization is granted for a period beginning until Authorized Representative '' Dallas/Ft. Worth bt~~Z~~~.j International Airport Board u fJ Date -156- 1 1 A. EFFLUENT LIMITATIONS The quality of permittee's industrial discharges will be limited by the provisions of City Ordinance No. and the National Pretreatment Regulations which include the following numerical limitations: STANDARDS If Average Concentration Pollutant or Maximum Allowable and/or Load Pollutant Property Concentration, mg/1 mg/1 or lb/day The discharge of any pollutant at a level in excess of that identified and authorized by this permit, shall constitute a violation of the terms and conditions of this permit. Such a violation may result in permit revocation and/or the imposition of civil and/or criminal penalties. B. MONITORING AND REPORTING 1. Permittee shall collect representative samples of the wastewater discharge and analyze these waters for the pollutants indicated in Section A. Where feasible, samples shall be obtained using flow proportional composite sampling techniques specified in the applicable Categorical Pretreatment Standard. Where composite sampling is not feasible, grab sampling is acceptable. The ', permittee shall collect and analyze sample(s) during a period. number interval) 2. Permittee shall summarize monitoring information on a copy of the attached "Significant Industrial User Self Monitoring Report" form. Duplicates of this form shall be submitted during the months of and of each year to: City Engineer City of Arlington with copy to: Pretreatment Program Manager Trinity River Authority of Texas P. O. Box 240 Arlington, Texas 76010 -157- 1 3. Failure to submit any report or information required by this permit shall constitute a violation. 4. Any changes in the characteristics of the industrial discharges as a result of modifications to the industrial processes must be reported. Modifications to the permit may then be made to reflect any necessary changes in process conditions, including any necessary effluent limitations for any pollutants not identified and limited herein. This permit is not transferrable to companies or processes other than those to which it is originally issued. 5. Permittee shall immediately notify the treatment plant manager at(214) 262- 5186 in the event of a slug loading of pollutants as a result of an operational failure of pretreatment facilities or accidental spills. 6. Permittee must maintain records of all information resulting from any monitoring activities for a minimum period of 3 years. Such records will include for all samples: (i) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples; (ii) The dates the analyses were performed; - (iii) Who performed the analyses; ~{ ®~ (iv) The analytical techniques/methods used; and (v) The results of such analyses. Records shall be made available for inspection and copying by the city, or rts representatives. 7. Compliance Schedule: Activit Date 8. Permittee is advised that he made need to comply with additional regulations listed as follows: -158- 1 1 CHAPTER EIGHT CONTRACT FUNDING RULES AND REGULATIONS n -159- 1 0 CHAPTER EIGHT CONTRACT FUNDING RULES AND REGULATIONS PAGE Sec.l Purpose ............... .........................................161 ~~ Sec. 2 Effective Date and Duration :...:.:...........:.:...:....::...::::.161 Sec.3 Scope .............. ... ........... ... .... ... .162 Sec. 4 Administration of Rules and Regulations ............................162 If Sec. 5 Contracts Funded Entirely From Operating Revenues .................162 ` Sec. 6 Contracts Funded Entirely From The Proceeds of Joint Revenue Bonds. ... .......... ....................163 Sec. 7 Contracts Funded Partly with Joint Revenue Bonds or Operating Funds and Partly With Funds of a Tenant........ .. ..... ... ................................163 Sec. 8 Board Contract Funded•Entirely by Tenant ...........................165 ~ Sec.9 Tenant Contractors ...............................................165 1 L -160- 1 CHAPTER EIGHT CONTRACT FUNDING RULES AND REGULATIONS ,~ SECTION 1. PURPOSE Under the provisions of Section 103(n)(7) of the Internal Revenue Code of 1954, as amended (the "Code"), and Section 1.103(n)-2T of the Temporary Regulations (the "Temporary Regulations"), it is possible that the Joint Revenue Bonds of DFW Airport may be required to be included with the State Private Activity Bond Volume Limitations provided by the Code, as interpreted by the Temporary Regulations. Such ,determination is or may be influenced by the source and use of funding of construction contracts at DFW Airport, some of which funding is provided by DFW Airport Board through the issuance of Joint Revenue Bonds or Special Facility Revenue Bonds. '~~ While the Board can and intends to continue to control the ur oses for which it P P issues Joint Revenue Bonds and Special Facility Bonds and to control the expenditures of funds from those sources, it has no control over the funding of a tenant's share of any contract payments obtained from other sources. It is the purpose of these Rules and Regulations to establish rules upon the basis of which the Board will let contracts and will permit construction at DFW Airport by contractors not under contract directly with the Board, and to provide procedures by which contracts, funded by sources outside the Board's control, will be permitted, all for the purpose of making certain the Board's Joint Revenue Bonds remain outside the State Private Activity Bond Limitations provided by the Code and the Temporary Regulations. SECTION 2. EFFECTIVE DATE AND DURATION The effective date of these Rules and Regulations is December 3, 1985, the date of their adoption, and they shall remain in effect until modified or rescinded by the Board. The Board expresses its intent to modify or rescind these Rules and REgulations at such 1 -161- r 1 '~ time as it has determined that relevant provisions of Section 103(n)(7) of the Code, as interpreted by the Temporary Regulations, has been changed, altered, interpreted or applied in a manner that will permit the use of funds obtained by tenants from tax exempt sources in the payment of contracts for DFW Airport improvements without causing the Joint Revenue Bonds of DFW Airport to be included within the Private Activity Bond Volume Limitations provided by Section 103(n)(7) of the Code. SECTION 3. SCOPE These Rules and Regulations are in addition to and not in lieu of any other rule, regulation, policy, law or contract provision relating to procurement activities of DFW Airport. SECTION 4. ADMINISTRATION OF RULES AND REGULATIONS These Rules and Regulations shall be administered, under the direction of the Executive Director, by all employees of DFW Airport. The Executive Director, with the advice of the Board's Legal Counsel and the Board's Bond Counsel for Joint Revenue Bond financing, is authorized to develop policies, procedures and practices consistent herewith. Such policies, procedures and practices shall be binding upon all employees, tenants and contractors doing business at or on the Airport. SECTION 5. CONTRACTS FUNDED ENTIRELY FROM OPERATING REVENUES Any Board contract for improvements or additions to DFW Airport may be let by the Board in accordance with established procurement requirements without further inquiry as to the source of funding, and may relate to the improvement or extension of any properties comprising a part of DFW Airport. 0 -162- SECTION 6. CONTRACTS FUNDED ENTIRELY FROM THE PROCEEDS OF JOINT REVENUE BONDS (a) Subject to the limitation contained in paragraph (b) of this Section, any Board contract for improvements or additions to DFW Airport which is to be funded from the proceeds of Joint Revenue Bonds may be let in accordance with established procurement requirements without further inquiry as to the source of funding. (b) A Board contract to be funded entirely from the proceeds of Joint Revenue Bonds may not be let for the purpose of improving or adding to any part of any DFW Airport facility which was provided with the proceeds of obligations, the interest on which was exempt from federal income taxes, other than Joint Revenue Bonds, issued before October 5, 1984, unless: (1) The facility being improved, expanded or extended, in the opinion of General Counsel can be disregarded under one of the three exceptions to the airport bond "contamination rules" contained in Section 1.103(n)-2T-Q9-A9 of the Temporary Regulations; or (2) the user of the facilities being improved, expanded or extended, has made or makes a timely and effective election not to take an investment tax credit or depreciation with respect to the prior facilities and the facilities being financed with the proceeds of the Joint Revenue Bonds, in a form and substance approved by the Board's Legal Counsel. SECTION 7. CONTRACTS FUNDED PARTLY WITH JOINT REVENUE BONDS OR OPERATING FUNDS AND PARTLY WITH FUNDS OF A TENANT (a} Board contracts otherwise acceptable under established Board procurement procedures and to be funded in part by the proceeds of Airport Joint Revenue Bonds or Airport operating funds and in part with funds provided by a tenant may be let upon the -1b3- 1 conditions contained in this Section. (b) Prior to the letting of a contract or executing a change order with respect to such contract, the Tenant must file an affidavit describing the source of funding of its share of contract costs. Such affidavit, to be in form and substance satisfactory to the Board's Legal Counsel, shall specifically contain, disclose, verify and warrant the accuracy of the following information: (i) the precise source from which the tenant obtained or expects to obtain its share of funds, such as, tenant's operating revenues, bank loans, stock offerings, sale of debt securities or other sources; and (ii) a listing of all issues of tax-exempt private activity bonds to which it is a party and the proceeds of which are subject to its direction or influence, and the location where the proceeds, if any, are on deposit, along with the name and principal officer of the custodian or trustee holding such funds. Based upon the information contained in such affidavit, the Board's Legal Counsel may, but shall not be required to, request and obtain additional information. A contract shall not be presented for approval by the Executive Director or the Board, as appropriate, until such additional information has been supplied. Additionally, the Board's Legal Counsel may, but is not obligated to, require the tenant to provide the following: (i) the third-party verification, such as by a trustee or custodian holding funds derived from tax-exempt financing, or a bank or banker or other party or source providing the tenant's funding, which confirms that, as appropriate, the funds designated for use in paying the tenant's share of contract payments are derived from the source state, or that the third party will not permit the withdrawal of funds held in its custody for the purpose of making improvements at DFW Airport or will make such payments directly to the Board and will not permit a reimbursement of the tenant from the funds held by it for a purpose not permitted -164- 1 by these Rules and Regulations as specified to it by the Board's Legal Counsel; and (ii) in the appropriate case, an election of the type described in Section 6(b)(2) has been made. (c) Prior to the issuance of any order to proceed on any contract funded by the combined sources described in this Rule, the tenant and the Executive Director shall have executed and delivered a Special Depository Agreement, substantially in the form attached hereto (with such modifications as may be approved by the Board's Legal Counsel),. and the tenant shall have complied with the requirements thereof. SECTION 8. BOARD CONTRACT FUNDED ENTIRELY BY TENANT (a) Contracts otherwise acceptable under established Board procurement procedures and to be funded entirely by or on behalf of a tenant may be let by the Board if the procedures prescribed in Section 7(b) hereof are also followed. (b) Prior to issuing an order to proceed under the contract, the Board and the tenant shall execute a Special Depository Contract substantially in the form attached hereto and the tenant shall have complied therewith. SECTION 9. TENANT CONTRACTORS (a) No Airport tenant may authorize or direct another, on rts behalf, to commerce work on the Airport for any improvement or addition to the Airport without first giving the Board's Legal Counsel. the information and, if reasonably deemed necessary by the Board's Legal Counsel to protect the tax-free status of Airport Bonds, the verification and/or the election required in Section 3(b) hereof. (b) No Airport tenant and no agent or contractor of an Airport tenant may commence work on the Airport on any improvement or addition to the Airport without first obtaining a permit from the Airport Executive Director. (c) The permit required in paragraph (b) shall be issued only if the tenant -165- u performing, contracting for or authorizing the on-Airport work has given the Board's Legal Counsel the information and, if reasonably deemed necessary by the Board's Legal Counsel to protect the tax-free status of Airport Bonds, the verification and/or election required in Section 7(b) hereof. ,~' -166- 1 CHAPTER NINE COMMERCIAL ACTIVITIES ~ ~i -167- w 1 CHAPTER MNE COMMERCIAL ACTIVITIES PAGE Sec.l Solicitation ......................................................169 Sec.2 Advertising ........................................., ...........169 Sec. 3 Commercial Photography and Moving Picture Production ......................................................17Q Sec.4 1Vewsracks ........................ ..... . 171 Sec. 5-1 ........ ................ Food Protection and Sanitation: Intent ..... . 172 Sec. 5-2 Designation of Health Authority .................................... 172 Sec.S-3 State Regulations Adopted ........................................ 172 Sec.S-4 . Definitions ........................................ ~ ~ • 172 ~ Sec. 5-5 . .. . ...... Food Permits ...................................... . 173 Sec.S-6 Inspections ... ............................... .............. 175 ~! Sec. 5-7 Food Manager Certification • ::::...::::::::::.....:::::::...::::::.176 ~ Sec. 5-8 Options . ....... ... ..... ... .177 -168- 1 CHAPTER NINE COMMERCIAL ACTIVITIES SECTION 1. SOLICITING (1) A person commits an offense if he solicits funds or anything of value for any ,I purpose at the Airport without a permit from the Airport Board except as provided in Section 4 of Chapter Three of this Code and, to the extent of any operations outside the Airport boundaries, without a permit from any city in or through which such operations are conducted if such operations are lawfully regulated by such city !I (2) A person commits an offense if he sells or offers for sale any article or merchandise on the Airport without a permit, concession or franchise from the Airport Board. (3) A person commits an offense if he solicits any business or trade, including transportation of persons or baggage for hire on the Airport without a permit, concession or franchise from the Airport Board, and, to the extent of any operations outside the Airport Boundaries, without a license, permit or franchise from an city through which said business or trade is conducted if lawfully regulated by the ordinances of any such city. SECTION 2. ADVERTISING A person commits an offense if he posts, distributes or displays any signs, advertisements, handbill, circular or printed or written matter of a commercial nature at a the Airport without a concession or franchise from the Airport Board -169- u SECTION 3. COMMERCIAL PHOTOGRAPHY AND MOVING PICTURE PRODUCTION (1} A .person commits an offense if he utilizes photographic or moving picture equipment for the purpose of picture-taking or moving picture photography in any area designated as a "Restricted Area" within the Airport unless such person has obtained a Permit from the Airport Board. (2) A person commits an offense if he uses the Airport premises for the purpose of any commercial photographic, theatrical or moving picture production without a Permit from the Airport Board. An application shall be submitted to the Executive Director at least three (3) days in advance of the first day sought for photographic or other similar production, excluding Saturdays,. Sundays, and ,legal _ holidays, and shall include the following; (a) the full name and street address of the applicant; (b) the full name and street address of the organization sponsoring, conducting, or promoting the production; (c) whether the producing organization is a branch or division of a national organization and, if so, the name and street address thereof; (d) if the producing organization is a Texas corporation, a copy of its 0 0 0 Corporate Charter, as amended, shall be furnished; if it is a foreign corporation, a copy of its Authorized Certificate to do business in the State of Texas shall accompany the application; (e) the purpose of the production; (f) the date or dates and hours of the production; the location(s) proposed for such production; and (h) the total number and size of production equipment required for the production and total number of personnel. (3) The Permit will be issued within three (3) days of receipt of the Application, -170- 1 excludin ~aaturda s, Sunda s and le al holida s; rovided, however, that a ermit ~, application may be denied or a permit granted hereunder revoked if one or more of the statements ~ the application is found to be untrue. (4) ?<'iane, location and manner: When permits are granted, the following rules and standards 1 apply: (~? location: Permittees shall be escorted by Airport Board Personnel at all times and stall only be permitted to conduct the permitted activity in those locations specified in the permit. .(hl Permits will be issued for a period of not more than thirty (30) days. (d manner of operation: (A) a person may not engage in such ,production unless he carries such permit grand under this section at all times while conducting production activities. (B) a person conducting. production activities hereunder shall, in that connection, obey all applicable State and Federal laws and all applicable Rules and Regulations of the Dallas/Fort Worth International Airport Board. Permi~tees will not be permitted to conduct the activity for which the permit is issued (1) ,ixi Airport roadways, (2) inside airline gate departure lounges, (3) in areas restricted iii airline or Airport personnel, (4) in restrooms, (5) in premises leased to a concessiona~e, (6) in stairwells, staircases, elevators or escalators, (7) in baggage claim areas, or ~'~) in any area temporarily or permanently restricted for conducting, or romoting tse production. SECTION 4. NEWSRACKS A person commits an offense if he sells or distributes any publication on the Airport premises by means of newspa per stand, racks or other similar devices, excep t by franchise, concession or permit granted by the Executive Director. [] -171- 1 1 SECTION' S-l. FOOD PROTECTION AND SANITATION: INTENT This section is intended to provide for the sale of only sound, properly labeled food; to establish sanitary standards for food protection and service by adopting by reference the Texas Board of Health "Rules on Food Service Sanitation" and "Rules of Retail Store Sanitation'; by requiring a permit for operation of food establishments and by requiring food service manager certification in food sanitation from a designated health authority. ~I SECTION 5-2. DESIGNATION OF HEALTH AUTHORITY The Airport Board shall by resolution designate from time to time a health .authority for the purpose of ensuring minimum standards of environmental health and ~ sanitation within the scope of that department's function. ~I SECTION 5-3. STATE REGULATIONS ADOPTED (1) There is hereby adopted by .reference the Texas Department of Health, _ _. ~; Division of Food. and Drugs "Rules on Food Service Sanitation 307.73. i 1.001-.011" and the "Rules on Retail Food Store Sanitation 229.231-.239", and the "Texas Food, Drug and Cosmetic Act" (Article 4476-5 Vernon's Civil Statutes), and the "Texas Sanitation and Health Protection Law" (V.C.S. Article 4477-1). (2) A certified copy of each rule manual (above) shall be kept on file in the office of the Direct of Properties and Facilities at the Airport. SECTION 5-4. DEFINITIONS All definitions in the "Rules on Food Service Sanitation" and the "Rules on Retail Food Store Sanitation" are hereby incorporated by reference. In addition the following definitions shall be understood. (1) Health Authority or Regulatory Authority: shall be understood to mean the -172- u~ J representatives of any health department or health agency designated by the Airport Board to enforce the provisions herein by resolution of the Airport Board. (2) Service of Notice: a notice provided for in these rules is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. (3) Ownership of Business: shall mean the owner or operator of the business. 1 Each new business owner or operator shall comply with these rules and regulations. (4) Food Establishment: shall. mean all places where food or drink are stored, sold, commercially .prepared, or otherwise handled, whether offered for sale, given in exchange, or given away for use as food or furnished for human consumption. The location of commercially packaged single portion non-potentially hazardous snack items and wrapped candy sold over the counter, or by vending machine, is excluded. SECTION 5-5. FOOD PERMITS (1) Requirement: A person commits an offense if he operates a food establishment at the Airport without possessing a current and valid health permit issued by the health authority designated by resolution of the Airport Board. (2) Posting: A valid permit shall be posted in public view in a conspicuous place at C n the food establishment for which it is issued. (3) Non-transference (Change of ownership): Permits issued under the provisions of this article are not transferable Upon change of ownership of a business the new business owner will be required to meet current standards as defined herein and state law before a permit will be issued: (4) Multiple permits: A separate permit shall be required for every type food J [] establishment and temporary food establishment, whether situated in the same building or at a separate location. Except that: (a) lounge operations located in the same building -173- 1 J 1 berating .under the same liquor license will not require a separate permit unless potentially hazardous food is being served; (b) establishments with minimal food handling involving limited preparation of potentially hazardous food (such as a snack bar) and under common ownership may be grouped under one permit. All establishments with extensive food handling and/or open potentially hazardous foods will be required to have a separate permit. (5) Suspension of permit: The health authority may suspend any permit to operate C ~~ a food establishment if the operation of the establishment does not comply with the requirements of these rules and regulations, state laws, or the operation of the food establishment otherwise constitutes an imminent health hazard. Before a permit is suspended, the holder of the permit, or the person in charge, shall be notified in writing that their permit may be suspended and that they are entitled to a hearing, if a request for hearing is made in writing to the authority within 10 days from the date the notice of suspension is receive. If no written request for hearing is filed within ten (10) days, the hermit will be suspended. The health authority may end the suspension any time if reasons for suspension no longer exist. When a permit is suspended, food service operations shall immediately cease. (6) Revocation of permit: The health authority may, after providing notice and an opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the health authority in the performance of its duties. Prior to revocation, the health authority shall notify the holder of the permit,. or the person in charge, in writing of the reason for which the hermit is subject to revocation and that the permit shall be revoked at the end of ten (10) days following service of such notice unless a written request for a hearing is filed ~Lith the health authority by the holder of the permit within the ten (10) day period. If no written request for hearing is filed wrthin the ten (10) days, revocation will be final. (7) Service of Notices: Notices shall be served in accordance with the Section 5- -174- 0 ,~ J 4. (2) above. A copy of the notice shall be filed in the records of the health authority and in the office of the Airport Director of Properties and Facilities, or to such other person as may be designated by the Airport Board. (8) Hearings: The hearings provided for in these rules shall be conducted by the health authority at a time and place designated by it. Based upon the recorded evidence of such hearings, the health authority shall make a final finding, and shall sustain, modify or rescind any notice br order considered in the hearing.. A written report of the hearing decision shall be furnished to the office of the Airport Director of Properties and Facilities and the holder of the permit, license, or certificate. (9) Right of appeal: Any permit holder who wishes to dispute the decision of a hearing may appeal the decision to the director of the health authority issuing the order being appealed. (10) Application after revocation: When a revocation of a permit has become final, the holder of the revoked permit may make written application to the health authority for a new permit. (11) Permit fees: Health permit fees, as established by the health authority are r~ due and payable directly to the health authority in the amounts and at the times specified by the health authority. SECTION 5-6. INSPECTIONS (1) Pre-operational Inspection: The health authority shall inspect any food J establishment prior to its beginning operation to determine compliance with these rules. (2) On-going operations: The health authority shall be entrtied to inspect any food establishment at anytime without prior notice in order to determine compliance with these rules. -175- IIiJ SECTION 5-7. FOOD MANAGER CERTIFICATION {1) Requirements: A person commits an offense if he operates a food establishment at the Airport without a manager, or person in charge, who possesses a n valid and current food manager's certificate, or equivalent, approved.. by the health 1~ authority designated by resolution of the Airport Board. A certified manager, or person ~~ in charge, .must be on duty during all hours of operation of any non-exempt food service establishment employing six (6} or more employees;. Provided that, only one certified manager, or person in charge, shall be required to be on duty during all hours of operation ~~ in each terminal building for food establishments under common ownership and operation. Only one certified manager, or person in charge, shall be required to be on ~~ duty during all hours of operation at each hotel. (2) Manager's certification: Upon written application and presentation of evidence of satisfactory completion of a food manager's course, equivalent training or '` examination as approved by the health authority, the health authority shall issue a food manager's certificate valid for three (3) years from the date of training or evaluation ~` p on of an establishment's health permit by unless sooner revoked. Sus ension or revocati the health authority shall constitute cause for revocation of that manager's certification. Whenever the food service operator holding the manager's certificate terminates employment, is terminated, or is transferred to another food establishment, the person owning, operating or managing the food establishment shall be allowed sixty (60) days from the date of termination, or transfer of the certificate holder, to comply with this section. (3) Exemptions from certificate requirement: Temporary food establishments and persons participating as volunteer food handlers performing charitable activities for periods of fourteen {14) days or less may be exempted from the requirement for manager's certificate. Exemptions are within the discretion of the health authority r -176- 1 SECTION 5-$. Options ~~ Notwithstanding the provisions of Section 5-5. (4) and Section 5-7. (1), which provide for grc~eiping of food establishments under one permit, and one certified manager for food establishments under common ownership and operation, each business owner shall have the option to waive the grouping provisions and obtain one, permit for each food establishment, or temporary food establishment, and/or to maintain one certified manager, or parson in charge, for each food establishment location. ~. C~ -177- CHAPTER TEN f', PROCEDURES -178- 1 CHAPTER TEN PROCEDURES PAGE Sec.l Intent .... ....................................................180 Sec.2 Airport~Security ..... ...... ..............................180 Sec.. 3 Procedure for Adoption of Airport Rules and Regulations ................. .. ............................181 Sec. 4 Adoption Procedures for Rules, Regulations and Orders with Penal Provisons ....................................182 t 1 t -179- 1 ,~ CHAPTER TEN PROCEDURES SECTION 1. INTENT This Chapter is designed to establish authority and define procedures for the adoption of additional resolutions, rules, regulations and orders necessary to the maintenance and promotion of the peace, good government and welfare of the Dallas- Fort Worth International Airport, for the performance of the functions thereof, for the order and security of its inhabitants, users and visitors, and to protect the peace, lives, health and property of such inhabitants, users and visitors. i SECTION 2. AIRPORT SECURITY (1) Airport Police. The primary responsibility for police, fire and health security and for the enforcement of regulations, and for the performance of inspections and services within the boundaries of the Dallas-Fort Worth International Airport shall be vested in the Dallas-Fort Worth International Airport Board and in the police force and such health officers as may from time to time be duly appointed and commissioned as such officers by the Dallas-Fort Worth International Airport Board. (2) $~¢¢j#X ~~~~¢¢~$~ Peace Officers. The Executive Director, or the person, officer or employee designated by him shall have the authority to appoint $}~¢¢~~X ~t~X¢~~# Peace Officers for specific duties at the Airport upon the following conditions: (a) the ability, background, moral character, experience and other pertinent information relating to each applicant for such position shall be investigated by the ~~Z¢~ Director of the Department of Public Safety of the Airport. Such investigation may be conducted as deemed necessary and any questionnaires or informational forms -180- may be required to be completed by the applicant prior to appointment; ~6Y ~~~~~ X~ $¢t¢~~ ~X~¢¢ ~ ~4¢ ~# ~Xtt~6 ~~1X~-'~ ~t$S~7 t¢~ ~l~¢ Z~$~d~¢¢¢ ¢t ~ $~~¢z~~ ~~r~¢~~t ~~z¢~ ~~~xr ~~ ¢~xx~¢~~~ ~~ ~~~ ~~~~t~fi~~~ ~r ~,r~~x~¢ $~~~~~ ~i ~~~ ~~z~~~~~~~t w~tt~ zl~~~t~~~z~~~~ ~~~~~~~ ~~~r~ ~~ ~~~ ~z~~ ~~ ~~~ z~~~~~¢~ ~t ~~¢~ ~~r~t~~t t¢Y ~~~ $~~¢~~z ~~rz¢~r~r ~>htt~~~~~~ ~~ ¢~tt~ ~~~-~ ~~~.rr ~~ ~~~~t~¢t~m ~~ ~~~~~z~~ ~~~1~~~~~ ~~~ ~t ~~~~¢~tw~~ z~¢~~z~~~t ~~! b) the duties and training of $~¢¢l~:j SD~~~¢~t~ Peace Officers shall be as prescribed by the ¢I~1'¢~ Director of the Department of Public Safety, who may require any and all necessary written or oral reports on a periodic basis from such $~¢¢j~j ~~~~¢¢f$ Peace Officers; the required period of training for such $~i¢¢~~.X ~A~11¢~t~ Peace Officers shall not be less than ~~~~ 1~¢dlibZl~~¢ ~1~ ~~i¢ ~>sdX~-~l~¢~~ ~~ ~~~ ~Itl~~ ¢~ lA~~l~~ ~i~i¢! ~¢f~ W¢~#~i yt~~ij¢yI¢~b¢¢ j$ g~¢~~~f prescribed by the Texas Commission on Law Enforcement Officer Standards and Education; (¢c) the appointments of $~¢¢~$)' ~~~Z¢~1~# Peace Officers by the Executive Director shall be made in conformance with all applicable laws, ordinances and Administrative Rules relative thereto; (fd) the appointments of $I6¢¢~~X Cp~~Z¢¢ f ~ Peace Officers shall be revokable by the Executive Director upon the recommendation of the l~~j~t Director of the Department of Public Safety, or such other lesser disciplinary action may be taken as the Executive Director shall deem necessary. ,~ E TION 3. PROCEDURE FOR ADOPTION OF AIRPORT RULES AND REGULATIONS S C The Dallas-Fort Worth International Airport Board may from time to time adopt 1 certain additional resolutions, rules, regulations and orders which it deems to be -18i- n "" necessary to the maintenance and promotion of the peace, ood overnment and welfare g g of the Dallas-Fort Worth International Airport, for the performance of the functions thereof, for the order and security of its inhabitants, users and visitors, and to protect the peace, lives, health and property of such inhabitants, users and visitors, and prescribed suitable penalties .for the violation thereof, all in the manner prescribed by Articles 46d-7 and 46d-14, Revised Civil Statutes of Texas, and such rules, regulations and orders shall not be construed as an attempt to waive or set aside any provisions contained in the existing ordinances of any city or in any law of the State of Texas. To the extent of any conflict between the existing or future general ordinances of any city, such rules, regulations and orders of the Dallas-Fort Worth International Airport Board shall prevail and be effective within the boundaries of the Dallas-Fort Worth ;~ International Airport but not otherwise. SECTION 4. ADOPTION PROCEDURES FOR RULES, REGULATIONS AND ORDERS WITH PENAL PROVISIONS Duly certified copies of all rules, regulations and. orders of the Dallas-Fort Worth International Airport Board pertaining to the subjects mentioned in Section 3, and prescribing penalties for violations, shall be forwarded by the Executive Director to the chief administrative officer of each city adopting this Code, and if the City Council of such City shall elect to enact such rules, regulations and orders in the manner and form prescribed for other penal ordinances of such City, the municipal court or courts of such City shall each have concurrent jurisdiction with any other proper forum over offenses arising thereunder and within the corporate limits of such City; and the duly authorized and commissioned ~¢¢~6¢~~}b ep ace officers or other enforcement officers of the Dallas- Fort Worth International Airport shall thereafter be authorized to file cases arising thereunder in such municipal courts, in addition to any other convenient and proper forum. -182- ~~~xX~~ ~l ~~b~~X~~ ~~~ xbt~~'~'X~ ~Xx~XX~~t~l ~~OMM~Q~S ray a~ta~n:ea a~n t~fi~raara~~o e~¢~iut mrn~e~s mr ~n~ m~u~atgb~: wm~t~ Idt4tdltlbddC d~ll~t1 B6lt0 fN~1J 18844 AiA d!# t~dtti¢ 21itf10dt !~A SdfifibdL 6f tNd tt~~ +~6~ dSbO mt 1Nb 74~d8 U~lEH~+0t6 P!t/bl v~ItH Sd#N ~H~dg@d dd d/4 O~b~b#tlldtEA tb ~bdd4t Sd~ht t~~Ut~mJ4 td tMd 0~p~8fPb~i W6/2M ldt4tdltlbdll All~d~t! L 0 C~ -183- SBQT/mD7 S! PA~RKl9~W B.M~D 7R9.~~IQ ~179~T/~W8! S~OMM4W8 TMd ddttldrttl4 #d0 ~b~h~hl~Slbd4A Sd4dllt~ bffl¢dtd bf tV~ 0;~!l~df~drt W6ttN JJt4fi~dilbJ#19.If~bff ~btid 6ri~Il ldddb ddA d84 tt#ftl¢ tTf!lJdd! ~d~ Sdfi~h4/t df fN4 tt~~ ' d~~+ dd6A ~t !Nd T4~~8 N1tRNJ~~t~ P~tlbl ~1iN 80CN ~N~dgdS ~d orb fi@Qb8411dtd~ 2d ~~dd4/ _ Si~~hb ~d0/1~~16lb td 2M4 ~dll#EfF4f1 Wd~iN Idtblddflb/~d! Altd4tt! t i~ -183- C CHAPTER ELEVEN r 0 SAVING, SEVERABILITY AND PENALTIES -184- 0 CHAPTER ELEVEN 1 SAVING, SEVERABILITY AND PENALTIES PAGE Sec.l Catchlines of Sections ............................................186 Sec.2 Severability ... ... .........................................186 Sec. 3 Penalty, Continuing Violations .....................................186 -185- CHAPTER ELEVEN SAVING, SEVERABILITY AND PENALTIES SECTION 1. CATCHLINES OF SECTIONS Catchlines of Sections of the Sections of this Code are intended as mere catchwords to indicate the general contents of the section, and for index or search convenience, and shall not be taken or deemed to be Titles, nor shall same be construed as a substantive part of any Section. SECTION 2. SEVERABILITY The sections, paragraphs, sentences, clauses and phases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted without the incorporation in this Code of any such unconstitutional phase, clause, sentence, paragraph or section. SECTION 3. PENALTY, CONTINUING VIOLATIONS The violation of any provisions of this Code where an act or a failure to act is made unlawful or is otherwise prohibited, shall be punishable by a f ine not to exceed T~vo Hundred Dollars ($200.00), and each day a violation shall continue shall constitute a separate offense; provided, however, where the offense is one for which a penalty is fixed by state law, the latter penalty shall govern. -186- APPENDIX 1 STREET DIRECTION HUNDRED BLOCK 5PEED LIMIT (MPH) W EMPLOYEE LOOP RD 1 N & S 1600 1800 S 30 . - - ' 1-W PUBLIC LOOP RD. N & S 1700 S 30 2-E PUBLIC LOOP RD. N & S 2000 - 2100 S 30 ' 2-W PUBLIC LOOP RD. N & S 2000 - 2100 S 30 3-E PUBLIC LOOP RD. N & S 2300 - 2400 S 30 4-E PUBLIC LOOP RD. N & S 2600 S 30 ' 4-W PUBLIC LOOP RD. N & S 2600 S 30 5-E EMPLOYEE LOOP RD. N & S 2900 - 3100 S 30 EAST AIRFIELD DR. N & 5 2800 - 3400 S 45 SOUTH AIRFIELD DR. E & W 1800 - 2900E 45 WEST AIRFIELD DR. N & S 1600 - 3400E 45 NORTH AIRFIELD DR. E & W 1500 - 3000E 45 NORTH SERVICE RD. N 1300 - 1900 S 45 ~ ~, NORTH SERVICE RD. N 1900 - 2700 S 35 NORTH SERVICE RD. N 2700 - 3900 S 45 I' SOUTH SERVICE RD. S 1300 - 1900 S 45 SOUTH SERVICE RD. S 1900 - 3300 S 35 SOUTH SERVICE RD. S 3400 - 3900 S 45 NORTH INTERNATIONAL PKWY. N 300 - 1300 S 55 SOUTH INTERNATIONAL PKWY. S 300 - 1300 S 55 NORTH INTERNATIONAL PKWY. N 1300 - 1500 S 30 SOUTH INTERNATIONAL PKWY. S 1300 - 1500 S 30 Page -1- [] NORTH INTERNATIONAL PKWY. N 1500 - 3400 S 50 SOUTH INTERNATIONAL PKWY. S 1500 - 3400 S 50 NORTH INTERNATIONAL PKWY. N 3400 - 3600 S 30 SOUTH INTERNATIONAL PKWY. S 3400 - 3600 S 30 NORTH INTERNATIONAL PKWY. N 3700 - 4300 S 55 SOUT H INTERNATIONAL PKWY. S 3700 - 4300 S 55 ' EAST 9TH ST. E & W 2700 - 2800E 35 EAST 11TH ST. E & W 2700 - 2800E 30 EAST 12TH ST. E & W 2700 - 2800E 30 EAST 28TH ST. E & W 2900 - 3000E 35 ' EAST 30TH ST (CAR . BON RD.) E & W 2400 - 3300E 45 EAST 34TH ST. N & S 3400 - 3500 S 35 NORTH 11TH AV. N & S 1600 - 1700 S 45 NORTH 27TH AVE. N & S 900 - 1400 S 35 SOUTH 20TH AVE E & W 3700 - 4100 S 30 SOUTH 22ND AVE. E & W 3200 - 3300 S 30 ' WEST 17TH ST. E & W 1100 - 1400E 45 WEST 18TH ST.(CARGO RD.) E & W 1500 - 2100E 35 ' WEST 20TH ST. E & W 1500 - 1700E 30 WEST 29TH ST.(GLADE RD.) E & W 1300 - 1600E 35 ' WEST 32ND ST. E & W 2100 - 2200E 30 WEST 33RD ST. E & W 2100 - 2200E 30 FREEPORT PKWY N & S 1400 - 1500 S 35 ' MID-CITIES BLVD. E & W 1500 - 1700E 35 ROYAL LN. N & S 700 - 1400 S 35 SPUR 382 N & S 1400 - 1500 S 45 Page -2- AC~;;OUP7Tf?7~3..°. .~Utt ~ ~~ TRAftSf ORTA'dtfJk7Lf?U,a,LEC.4YQn ",'fie ~ ® // ~.~/~~ ~®LL/W~~ (L~ ~D®~~ U./11/~ (//~/~~ ((/®~ 61A1'ER ACM{1Vf>TRA'ii0fd ~; ~ (`'~/. LA-il a 1. DATE REFERENCE SUBJECT APPROVAL OF RECODIFIED 1988 ~ PAGE NUMBER REVISED CODE OF RULES AND REGULATIONS OF~ 2 ti_~Q_QQ ~-7622 THE DALLAS-FORT INTERNATIONAL AIRPORT BO RD1or Recommendation It is recommended that the City Council adopt the attached ordinance approving the recodified 1988 Revised Code of Rules and Regulations of the Dallas-.Fort Worth International Airport Board. Background Articles 46d-7 and 46d-14, Revised Civil Statutes of Texas, and paragraph 8F of the 1968 Contract and Agreement between the Cities of Dallas and Fort Worth, authorize and empower the Dallas-Fort Worth International Airport Board to adopt and enforce rules and regulations for the orderly, safe and sanitary operation of the airport, and to prescribe penalties for the breach of any rule or regulation not exceeding a $200 fine. These provisions of state law and the contract and agreement require approval by the City Councils of the Cities of Dallas and Fort Worth in order that such rules and regulations shall have the same effect as ordinances of Dallas and Fort Worth within they boundaries of the Airport. In 1971, the original Code of Regulations for the D/FW Airport was adopted and approved Since 1971, a number of changes in operation and practical concerns have made some sections of the 1971 Rules and Regulations obsolete and other sections necessary On May 3, 1988, the Dallas-Fort Worth International Airport Board adopted Resolution No 88-111 which approved a recodified 1988 Revised Code of Rules and Regulations and requested that the City Councils of Dallas and Fort Worth approve the same. A copy of the Revised Code of Rules and Regulations is on file with the City Secretary of the City of Fort Worth and copies have been delivered to members of the City Council. Deletions in the text of the Revised Code of Rules and Regulations are indicated by has marks and additions are indicated by underlineations To highlight a few of the changes, several definitions have been added to further clarify the provisions of the Code, traffic regulations have been expanded to include offenses which were unenforceable under the old code and which were of particular operational concern. An official map of Airport roadways has also been included along with the extensive list of speed limits upon such roadways. Chapter Three, governing Personal Conduct, has been expanded to provide the additional offenses of fraudulent mispresentation, unauthorized transfer of authorization, unauthorized use of authorization, and temporary or permanent residence A number of other sections, covered by state law, are deleted. Chapters Four and Five, covering Taxi, Bus and Limousine regulations, remain unchanged in the proposed recodification, with the exception of the substitution of a Schedule of Charges to be adopted by the Airport Board in lieu of the specific fees detailed in the original rules ~. 3. DATE REFERENCE NUMBER SUBJECT APPROVAL OF RECODIFIED 1988 PAGE 6-28-88 G-7622 REVISED CODE OF RULES AND REGULATIONS 2f 2 OF THE DALLAS-FORT WORTH INTERNATIONA AIRPORT BOARD ~Ch`apter Six, Courtesy Vehicle Rules and Regulations, is a completely new section, prepared to address courtesy vehicle operation in and through the Airport The rules are similar to those contained in Chapters 4 and 5 insofar as the same are applicable. The fees associated with courtesy vehicle operations are to be established in the Schedule of Charges and prior to active enforcement of the rules. Chapters Seven and Eight, Pollution Control and Contract Funding are re-enacted verbatim. Chapter Nine is a new chapter, consolidating previous sections regulating commercial activities at the Airport and adding a section on newsrack sales. Chapters Ten and Eleven, Procedures and Saving, Severability and Penalties, are recodified in a form consistent with the current practices and procedures applicable at the Airport. Financing The recommended actions does not involve the expenditure of funds by the City of Fort Worth. WA mdl Attachment APPRO~IED BY E~~( ~~~~~~~ JU~6 2~ 1~8~ 4~~~~ CitT+ Secs,'otazy of the City of Fort Worth, To~:ast SUBMITTED FOR THE CITY MANAGER'S OFFICE BY David Ivor DISPOSITION BY COUNCIL. ^ APPROVED PROCESSED BY ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD Wade Adkins CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT W Adkins 7606 ~~do ted Ordinance No A % ~~ 0 / . ,,.~.~,.~ --.. DATE